Charging for EI Requests

The Environmental Information Regulations give the public the right to access information held by public authorities.  In some cases, public authorities may charge for the information provided if the request requires significant resources or costs. There are rules in place to ensure that charges are reasonable and transparent.  

We may charge for:

• Time spent locating, retrieving, and providing the requested information. This includes reviewing documents for exempt content and preparing the information.
• Reproducing the information (e.g., photocopying, printing, or digital copying).
• Postage or delivery fees if physical copies of documents are required.

EIR also allows authorities to charge for the actual costs of providing the information, which can include:

• Staff time: We charge for the time spent in providing the requested environmental information.
• Disbursements: These include photocopying, printing, and postage fees. The costs must be reasonable and transparent.
• Electronic format: If the information is provided electronically, there may be a cost for formatting or preparing it.

Exemptions from Charging

• Public authorities must be reasonable in their approach to charging and should not overburden the requester with fees.
• If the request is for routine information or is for the public good, the public authority may choose not to charge or charge very little.

Cost Limits

• The costs for providing the information should not exceed what is reasonable, typically related to the time spent retrieving the information and reproducing it.
• If the costs of responding to the request exceed £450, the authority may choose to either refuse the request or ask the requester to narrow down the scope of the request.
• The £450 limit is based on 18 hours of work at an estimated rate of £25 per hour.

Before charging, we will:

• Estimate the cost of processing your request.
• Inform you of the estimated charges up front, including a breakdown of the costs.
• If the charges exceed £100, we will typically ask you to confirm if you want to proceed.

We aim to provide most information to the public at no cost and will only charge in cases where:

• a fee must be imposed because of a statutory requirement
• the information amounts to more than 100 pages, which will then be calculated at a cost of £0.10 per sheet.  The Council will not charge for photocopying that amounts to less than £10.00

Anyone requesting information for which a charge is payable may not seek the information in smaller batches, e.g. 90 pages at a time, to avoid the cost. However, sometimes, we may have to make a charge.  If so, we will contact you first for your approval.

Charges

• Priced publications - where the information you require is available from the Council in a priced publication, we will supply details of the publication, its cost and where to buy.
• Photocopying costs and postage (plus a small administrative charge) - where the information you require has already been prepared by us and we can photocopy or provide a computer printout, there will be photocopying and postage costs as well as an administrative charge.  This includes copies of entries in public registers and copies of the Council's internal guidance documents.

The following charges are applicable:

• There is no charge where a request for information is refused or where there is an appeal against a refusal.  Nor will there be a charge to appeal against any charges made for requested information.

How to Avoid Charges

Here are some tips to reduce the likelihood of charges:

• Narrow down your request: The more specific your request, the less time and resources it may require to fulfil.
• Request information that is already available: Check if the information you need is already publicly available on the authority's website or through its publication scheme.
• Request electronic copies: Requesting information in an electronic format (e.g., PDF, Excel) rather than paper can help reduce charges for reproduction.

Your Rights

• If you disagree with the charges or feel they are unreasonable, you have the right to challenge the decision by requesting an internal review. The public authority will reconsider the charge and the reasons behind it.
• If you remain dissatisfied after an internal review, you can appeal to the Information Commissioner's Office (ICO), which can assess whether the charges are reasonable.

Conclusion

While we aim to provide information as freely as possible, there are circumstances where we may need to charge for information requests under both FOIA and EIR. Charges will always be reasonable, based on the time and resources required to process your request. We will inform you of any costs upfront and will only proceed with your agreement.

Ards and North Down Borough Council owns the copyright to the information we produce.  If information is to be re-used or reproduced, commercially or otherwise, written approval must be obtained from the Chief Executive.