http://www.legislation.gov.uk/ukpga/2000/36/section/39/2025-07-21Freedom of Information Act 2000An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes.texttext/xmlenStatute Law Database2026-04-09Expert Participation2025-07-21 Part II391Information is exempt information if the public authority holding it—ais obliged by environmental information regulations to make the information available to the public in accordance with the regulations, orbwould be so obliged but for any exemption contained in the regulations.1A In subsection (1) “ environmental information regulations ” means— aregulations made under section 74, orbregulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any EU obligation relating to public access to, and the dissemination of, information on the environment.2The 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).3Subsection (1)(a) does not limit the generality of section 21(1).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)S. 39(1A) inserted (1.1.2005) by The Environmental Information Regulations 2004 (S.I. 2004/3391), reg. 20(3) (with reg. 3)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)