National Highways Ltd
- Date 1 March 2023
- Sector Other
- Decision(s) EIR 12.4.a: Not upheld, EIR 13: Not upheld, EIR 5.2: Upheld, EIR 9: Upheld
The complainant has requested information about the Transport Decarbonisation Plan. The above public authority denied holding some of the information and also relied on regulation 13 of the EIR to withhold some information. The Commissioner’s decision is that the public authority was entitled to rely on regulation 12(4)(a) of the EIR in the manner that it has because, on the balance of probabilities, it does not hold the requested information. It was also entitled to rely on regulation 13 of the EIR to withhold the name of the expert. The public authority breached regulation 9 of the EIR as it failed to provide adequate advice and assistance. The Commissioner does not require further steps to be taken.