The Information Commissioner has decided that Network Rail constitutes a public authority within the meaning of the Environmental Information Regulations 2004 (SI 2004/3391), and must therefore respond to requests for environmental information made under those Regulations, but that it is not a public authority for the purposes of the Freedom of Information Act 2000, and so will not have to respond to requests made under the Act.

NOTE: On 17 July 2007, the Information Tribunal reversed the ICO's decision (see Legal update, Information Tribunal rules on status of Network Rail). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)