Freedom of Information Act 2000 (c. 36) – Section 39 – Environmental information.
Sections
Section 39Environmental information.
(1) Information is exempt information if the public authority holding it—
- (a)is obliged by [F1environmental information regulations] to make the information available to the public in accordance with the regulations, or
- (b)would be so obliged but for any exemption contained in the regulations.
(1A) [F2 In subsection (1) “ environmental information regulations ” means—
- (a)regulations made under section 74, or
- (b)regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any [F3EU] obligation relating to public access to, and the dissemination of, information on the environment.]
(2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).
Amended text
This Section is shown as amended by S.I. 2004/3391; S.I. 2011/1043 (see the annotations below), as incorporated in the text in force on 7 October 2026 as published on legislation.gov.uk.
Annotations
Textual Amendments
- F1 Words in s. 39(1)(a) substituted (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 20(2) (with reg. 3)
- F2 S. 39(1A) inserted (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 20(3) (with reg. 3)
- F3 Words in s. 39(1A)(b) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6(1)(e)
https://foia.digiphile.law/article/article-39.html
Text as at 7 October 2026.
This is an unofficial convenience version of the Freedom of Information Act 2000. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.