Dear Sir or Madam,

In the Definition Document for the Model Publication Scheme for
Principal Local Authorities (County Councils, Unitary Authorities,
District Councils, Metropolitan District Councils, the Council of
the Isles of Scilly) published by yourselves on 28 May 2008.

You state: 'We recognise that the offices of the Returning Officer
and of the Electoral Registration Officer are separate to the
functions of local authorities.'

Please provide a copy of all guidance and associated documents that
led the Information Commissioner to make this statement.

Please additionally provide details of all Council's that are
electoral registration districts that have had model publication
schemes approved by the Information Commissioner's Office that have
not been required to name both the Electoral Registration Officer
['ERO'] (and the date of their appointment) and the Returning
Officers ['RO'] (local and national) and the dates of their
appointment - that are required to be appointed by a Council under
the Freedom of Information Act. Council's are required to make the
appointments. Please additionally identify the date of approval of
the document, and the organisations (if any) consulted before it
was released, and the person that approved the publication.

The fact that a person identifies that they hold this post in an
register or in a return does not mean that they have been appointed
to the position by a Council, or have any right to act in the
position of ERO and RO.

Yours faithfully,

Stuart Hardwicke Carruthers

Our Reference: FOI/1071

Request for Information

Dear Mr Carruthers

Thank you for your correspondence dated 9 September 2008, which
contained an information request.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond by 7 October 2008, which is 20
working days from the day after we received your request.

Yours sincerely

Richard Kerr

Assistant Internal Compliance Manager

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http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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Dear Mr Carruthers

Further to my email of 9 September 2008 I can advise you that
information is being prepared for disclosure to you in respect of the
ICO statement in respect of Returning Officers.

The questions you have raised in respect of Publication Schemes appear a
little ambiguous. This office does not hold much of the information
apparently requested. Most Councils operate bespoke publication schemes,
none operate a 'model' scheme at this point in time.

The head of FOI Policy has asked if it is possible for you to provide a
telephone number that you could be contacted on, to clarify the precise
nature of your request. This office wishes to assist and advise you to
the best of our ability and it would be most helpful if the head of FOI
policy could establish with you exactly what information you wish to
obtain.

I look forward to hearing from you.

Richard Kerr

Assistant Internal Compliance Manager.

Tel. 01625 54 5153.

show quoted sections

http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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Dear Richard Kerr,

the issues are reasonably straightforward. There is a duty on a
Council to appoint an electoral registration officer and returning
officer. A Council is identified in s2 of the 1972 Local Government
Act.. and the requirement on them to appoint an ERO and RO is the
Representation of the People Act 1983.

Quite a number seem to have failed to appoint either, and failed to
include the need to appoint them in their publication schemes.. and
a number have identified that they have no records of their
existence.. You will possibly recognise the issues that this raises
in relation to Council records..

it' s rather like the telephone number.. to The Fletcher Memorial
Home for Incurable Tyrants and Kings..

Yours sincerely,

Stuart Hardwicke Carruthers

Thank you for the clarification, I will get back to you as soon as
possible.

Richard Kerr
Assistant Internal Compliance Manager.
Tel. 01625 54 5153.

show quoted sections

http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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