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Incompatible business interests

Independent Police Support Group made this Freedom of Information request to Metropolitan Police Authority

The request was successful.

From: Independent Police Support Group

27 February 2010

Dear Metropolitan Police Authority,

"Please confirm whether or not in the last 3 years a police
authority panel has been convened as a result of a request from a
Chief Constable to, hear a case to decide whether a police officer
should be dismissed as a result of an allegation of having an
incompatible busines interest under section 7 police regulations
2003. If so what was the business interest and what was the
result."

Yours faithfully,

Independent Police Support Group
27 Old Gloucester Street
London
WC1N 3AX

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From: _InformationTeam
Metropolitan Police Authority

2 March 2010

Dear Independent Police Support Group

Thank you for your request under the Freedom of Information Act 2000.

We are dealing with your request and will respond in due course.

Thank you for your patience.

Yours sincerely

____________________
Cynthia Coleman
Metropolitan Police Authority
Authority Business & Members Support
Assistant Information Officer

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From: Yvonne Peart
Metropolitan Police Authority

19 March 2010

Dear Sir/Madam,

Thank you for your request under the Freedom of Information Act 2000 for information on incompatible business interests.

The Authority considers only appeals from police officers whose business interests have been declared incompatible. We therefore do not hold the requested information. Your request has been transferred to the Metropolitan Police Service (MPS) who should hold this information.

You should hear from the MPS shortly.

Yvonne Peart
Information Officer

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Metropolitan Police Authority

29 March 2010

Dear Independent Police Support Group,

Freedom of Information Request Reference No:2010030006122

I write in connection with your request for information which was received
by Metropolitan Police Service (MPS) on 19/03/2010.

DECISION

I have decided to refuse access to the information you have requested
under the provisions of Section 8 of the Freedom of Information Act 2000
(the Act).

REASON FOR DECISION

Section 8 of the Act provides:

(1) In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be
treated as made in writing where the text of the request-

(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

I am not required to process your request without information that can
later be referred to, as per Section 8 (1)(b). The information we require
is your name.

To enable us to meet your request could you please resubmit your
application in accordance with the above requirements. If for any reason
you are unable to do so, please contact me for assistance or seek
assistance from any other available source.

We will consider your resubmitted request upon receipt as long as it meets
the requirements stated above. You will receive the information requested
within the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me at the address at the top of this letter, quoting the reference
number above.

Yours sincerely

Katie London
Policy and Support Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

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Nicholas Taylor left an annotation ( 1 April 2010)

They have given a name: "Independent Police Support Group"

MPS state:
"I am not required to process your request without information that can later be referred to, as per Section 8 (1)(b). The information we require
is your name."

As you show, Section 8(1)(b) states:

"(b) states the name of the applicant and an address for correspondence, and"

Contained within the Freedom of Information Act 2000 it states:

Section 84 Interpretation

In this Act, unless the context otherwise requires—

“applicant”, in relation to a request for information, means the person who made the request;

A "Person" is defined as according to the Interpretation Act 1978
Schedule 1:
“Person” includes a body of persons corporate or unincorporate.
http://www.opsi.gov.uk/RevisedStatutes/A...

This means "Independent Police Support Group" is a "Person" and thus the "applicant".

As you can now see Section 8(1)(b) has been fulfilled correctly and no further clarification is needed for you to process the request.

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From: Independent Police Support Group

2 April 2010

Dear Metropolitan Police Authority,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Metropolitan Police
Authority's handling of my FOI request 'Incompatible business
interests'.

We have supplied sufficient information for you to proceed our
request.

As you show, Section 8(1)(b) states:

"(b) states the name of the applicant and an address for
correspondence, and"

Contained within the Freedom of Information Act 2000 it states:

Section 84 Interpretation

In this Act, unless the context otherwise requires—

“applicant”, in relation to a request for information, means the
person who made the request;

A "Person" is defined as according to the Interpretation Act 1978
Schedule 1:
“Person” includes a body of persons corporate or unincorporate.
http://www.opsi.gov.uk/RevisedStatutes/A...

This means "Independent Police Support Group" is a "Person" and
thus the "applicant".

As you can now see Section 8(1)(b) has been fulfilled correctly and
no further clarification is needed for you to process our request.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/in...

Yours faithfully,

Independent Police Support Group

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From: Yvonne Peart
Metropolitan Police Authority

7 April 2010

Dear Sir/Madam,

The Metropolitan Police Authority transferred your request to the Metropolitan Police Service (MPS) for response. We are unaware of the MPS decision regarding your request. Please reply to the email you received from the MPS about their decision.

Yvonne Peart
Information Officer

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From: Independent Police Support Group

29 May 2010

Dear Yvonne Peart,

Thank you for your response and we have had a response from the
MPS.

We would be grateful if the MPA could answer the question which is
directly related to the MPA. If the MPA has not been asked to
convene such a panel which relates to officers of below ACPO rank;
could you please confirm that this is the case.

"Please confirm whether or not in the last 3 years a police
authority panel has been convened as a result of a request from a
Chief Constable to, hear a case to decide whether a police officer
should be dismissed as a result of an allegation of having an
incompatible busines interest under section 7 police regulations
2003. If so what was the business interest and what was the
result."

Yours sincerely,

Independent Police Support Group

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From: Yvonne Peart
Metropolitan Police Authority

29 May 2010

I am out of the office until 2 June 2010. If the matter is urgent please send an email to [email address].
Thank you
Met Forward is the MPA’s strategic plan to make sure the Met will:
• fight crime and reduce criminality
• increase public confidence in policing
• achieve better value for money

To find out more go to www.mpa.gov.uk/publications/metforward/

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From: Yvonne Peart
Metropolitan Police Authority

7 June 2010


Attachment reply 19 March.txt
2K Download View as HTML


Dear Sir/Madam,

Thank you for your enquiry. I attach my reply of 19 March to the same request received from your organisation on 27 February.

Decisions on the compatibility of a business interest are taken by the Metropolitan Police Service (MPS) and not by the MPA. Decisions on whether a police officer should be dismissed as a result of an allegation of having an incompatible business interest lies with the MPS Director of Human Resources. The MPA considers only police officer appeals against the decisions of the MPS on this matter.

I hope that this response answers your questions.

Yvonne Peart
Information Officer

.

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