The Low Carbon Contract Company

The complainant requested information from The Low Carbon Contracts Company Limited (“the LCCC”) as to whether a named company had made an application under a “Force Majeure” clause in a specific contract. The LCCC responded to the request under the FOIA. The Commissioner’s decision is that the complainant’s request should have been dealt with under the EIR, because the requested information is environmental information within the definition at regulation 2(1)(c) of the EIR. The Commissioner requires the LCCC to take the following steps to ensure compliance with the legislation: reconsider the request under the provisions of the EIR and issue a fresh response to the complainant.