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Letter Stating That Information Is Being Withheld (Environmental Information Regulations RFI)

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Source file

Jurisdiction

England and Wales

Contract party

Type of legal document

🖍️ EIR letter

Why use a 🖍️ EIR letter?

A cease and desist letter is a letter sent to an individual or business to stop allegedly illegal activity ("cease") and not to restart it ("desist"). The letter may also demand that the recipient take certain actions, such as ceasing use of a trademark or copyrighted work.

Title: Letter Stating That Information Is Being Withheld under UK Environmental Information Regulations (RFI)

Introduction:
This legal template serves as a formal letter under the guidance of the UK Environmental Information Regulations (EIR) to address situations where access to requested information is being withheld. The EIR provides individuals the right to access environmental information held by public authorities in the United Kingdom. In cases where access is denied or information is being withheld, this letter acts as a tool for the requester to seek clarification and assert their rights under the legislation.

Header:
Include relevant contact information, including the sender's name, address, phone number, and email. Also, provide details of the recipient, such as the public authority's name, address, and department responsible for handling the request.

Salutation:
Use an appropriate salutation such as "Dear [Recipient's Name]," or "To whom it may concern,".

Opening Paragraph:
The opening paragraph of the letter should concisely state the purpose and context of the communication. It should specify that this letter is in response to an initial request for environmental information made by the sender under the EIR, which has been either denied or met with partial disclosure.

Details of the Information Requested:
Present a clear and concise summary of the requested environmental information, including the specific documents, data, or records that were sought. Include details of any previous correspondence related to the information request, such as the date of the initial request and any responses received.

Explanation of Withholding Information:
Provide a detailed explanation as to why the requested information has been withheld, citing the specific grounds for refusal as outlined under the EIR. Reasons could include protecting national security, commercial interests, confidential information, or any other exemption clause, clearly stating how they apply to the withheld material.

Obligations Under the Environmental Information Regulations:
Remind the recipient of their duties as a public authority, emphasizing their obligations to ensure transparency and accountability in the disclosure of environmental information. Reference relevant sections of the EIR to strengthen the request's legal context.

Request for Reasonable Clarification:
Ask the recipient to provide a detailed explanation of the reasons supporting the decision to withhold the requested information. Request specific references to the exemption clauses or other legal grounds used in the decision-making process. Ask for any additional relevant information that could aid the requester in understanding the grounds for the refusal.

Desired Resolution and Deadline:
State the desired outcome sought by the requester, whether that be a full disclosure of the information or a clearer explanation of the reasons for withholding. Set a reasonable deadline by which the response is expected.

Closing:
End the letter with a professional closing, using phrases such as "Yours sincerely," or "Respectfully,". Add the sender's name, designation, and contact details.

Note: This description outlines the fundamental sections and elements of a letter regarding withheld information under the UK Environmental Information Regulations (RFI). The actual content and language may vary depending on the specific circumstances and context of each case.

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