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Department for Environment Food and Rural Affairs

  • Date 20 March 2018
  • Sector Central government
  • Decision(s) FOI 12: Not upheld, FOI 16: Not upheld

The complainant has requested information from the Animal and Plant Health Agency (APHA) about tuberculosis (TB) results in herds with and without moved-in cattle. As an executive agency of the Department for Environment, Food and Rural Affairs (DEFRA), APHA does not constitute a public authority for the purposes of FOIA and EIR and so this notice is issued to its parent Department. However, in this notice, the Commissioner will refer to the public authority as APHA. APHA says it is not obliged to comply with the request under section 12(1) of the FOIA, as it would exceed the appropriate cost and time limit to do so. The Commissioner’s decision is that APHA is not obliged to comply with the request under section 12(1) and is satisfied that APHA met its obligation under section 16 to offer advice and assistance. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2018/0063 dismissed.