Mr K Griffiths
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Your ref: Our ref: CF/JA/FOI 106/10 Please ask for: Mrs J Askew Direct Dialling: (01909) 533274 Direct Fax: (01909) 533073)
13 May 2010 |
Dear Sir
Re: Freedom of Information Act 2000 - Request for Information
I refer to your e-mail of 9 March 2010 requesting information pursuant to the Freedom of Information Act 2000. Your request can be summarised as:
“Procurement of Contractors and Construction”.
Whilst the Act confers a general right of access to information held by public authorities section 1 provides that “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; and
b) if that is the case to have that information communicated to him”, subject to the effect of the exemptions in Part 11 of the Act.
Therefore pursuant to the Council's duty to confirm or deny whether or not it holds the some information requested I confirm that the Council holds some of the information contained within your request.
Section 21 of the Act provides that where information is reasonably accessible to the applicant otherwise than under section one, the information is exempt.
The exemption provided by Section 21 is an absolute exemption which means that it does not have to be released under the Freedom of Information Act and not additional public interest evaluation is required.
Consequently pursuant to Section 17 of the Act I am refusing your request for information insofar as the exemption provided by Section 21 applies, that is the information is reasonably accessible in that:
Procurement is pursuant to the Council's Constitution and details are available in Part 5 of the Constitution via the following link:
If you are dissatisfied with the Freedom of Information response set out in this letter you are able to utilise the Council's complaints procedure, and details of which are enclosed.
If you remain dissatisfied with the handling of your request or complaint the Act confers a further right to complaint to the Information Commissioner at www.informationcommissioner.gov.uk or by writing to Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (telephone 06125 545745), email [email address], however the Information Commissioner will not usually consider a complaint if the complainant has not exhausted the Council's complaints procedure.
Yours sincerely

Mrs J Askew
Legal Administrator & Central Freedom of Information Officer
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