Dear Mr Smith

FREEDOM OF INFORMATION ACT REQUEST - EF39051E

I refer to your for Freedom of Information request for details of Council's opinion on or response to your interpretation as to the application of UK law.

Right of Access

Section 1(1) of the Act provides any person making a request for information to a public authority is entitled.

(a) to be informed in writing by the public authority whether it holds information of the description specified in the request (which Section 1(6) of the Act designates as the “duty to confirm or deny”), and

(b) if that is the case, to have that information communicated to him.

The right is to obtain access to the information itself and not to the document or record which contains it.

The Act creates a general right of access to information held by public authorities subject to various exemptions.

Duty to confirm or deny

The public interest test requires Northumberland County Council to deny that we have any such documents or records.

Exemptions

The Freedom of Information Act provides a right of access to the public to information held by a public authority which usually comprises information created by or on behalf of a local authority and information provided by a third party.

In the present case the County Council takes the view that the information relating to your request is exempt under the following provisions;

These questions constitute a request for the Council's opinion on or response to your comments on the application of UK law. They do not constitute a request for information that is held by the Authority.

The relevant statutes and statutory instruments under which the County Council operates are available at www.opsi.gov.uk

Notice of Refusal

 Please treat this letter as a Notice of Refusal.

Advice and Assistance The County Council recognises its statutory duty to provide advice and assistance under Section 16 of the Act.

Subject to the provisions of the Freedom of Information Act, the Council is seeking to be transparent and open in its response.

Complaints

If you disagree with the views of the Council as indicated in this letter you have the right to complain. Any complaint should be addressed to:

Mr Bob Biggs

The Complaints Officer

Northumberland County Council

County Hall

Morpeth

NE61 2EF

Any complaint will be dealt with under the terms of the Council's Corporate Complaints Policy.

Information Commissioner

Should you remain dissatisfied following the above mentioned process, you have a right by Section 50 of the Act to apply to the Information Commissioner for a decision as to whether your request has been dealt with in accordance with the requirements of the Act.

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545 745

Fax: 01625 524 510

Email: [email address]

Yours sincerely

John Harrison

Freedom of Information Officer

Performance Group

County Hall, Morpeth, Northumberland, NE61 2EF