Information from persons and authorities EPA 1990 s. 19
Under Part I EPA 1990, authorities can require information in writing from any person or authority for their functions, including international treaties.
For the purposes of the discharge of his functions under this Part, the Secretary of State may, by notice in writing served on an enforcing authority, require the authority to furnish such information about the discharge of its functions as an enforcing authority under this Part as he may require. For the purposes of the discharge of their respective functions under this Part, the following authorities, that is to say— the Secretary of State, a local enforcing authority, the Environment Agency, and SEPA , may, by notice in writing served on any person, require that person to furnish to the authority such information which the authority reasonably considers that it needs as is specified in the notice, in such form and within such period following service of the notice , or at such time, as is so specified. For the purposes of this section the discharge by the Secretary of State of an obligation of the United Kingdom under ... any international agreement relating to environmental protection shall be treated as a function of his under this Part.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State, local enforcing authorities, the Environment Agency, and SEPA the power to demand information by serving a written notice. The notice must say what information is needed, in what form, and by when. The information must be reasonably required for the authority's work under Part I of the Environmental Protection Act 1990. The same power applies to fulfilling the UK's obligations under international environmental agreements.
The provision covers two situations: the Secretary of State can ask an enforcing authority for information about how it carries out its Part I duties; and any of the listed authorities can ask any person (including companies, individuals, or other authorities) for information they need for their own Part I functions. The notice is the only way the demand can be made – it must be in writing and served on the recipient.
When it applies
- The Environment Agency sends a written notice to a factory operator demanding emissions data for the previous year.
- A local authority serves a notice on a waste management company asking for records of waste disposal at a specific site.
- The Secretary of State serves a notice on a local enforcing authority asking for a report on how it has been enforcing pollution controls.
- SEPA sends a notice to a landowner requiring information about a suspected oil leak on their property.
- A local authority serves a notice on a householder asking for details of a private sewage treatment system.
What this section does not say
- This section does not give a person the right to refuse to provide information on grounds of privacy or commercial confidentiality – those are dealt with separately under sections 21 and 22.
- It does not set any penalty for failing to comply with the notice – that is covered by section 23 (offences).
- It does not allow a member of the public to request information – that is done through the public registers under section 20.
- It does not apply to requests for information under other parts of the EPA 1990, such as Part II (waste) or Part VI (genetically modified organisms), unless those parts cross-reference this section.
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This page reproduces the text of EPA 1990 s. 19 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.