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please supply me with a copy of the review of the doubts that arose about the proper statutory basis for charging fees and any information that you have in relation to the Bird [Registration Charges] Act 1997 especially what consultation there was with stakeholder.

Derek Canning LLB [HONS] (Account suspended) made this Freedom of Information request to Joint Nature Conservation Committee

Joint Nature Conservation Committee did not have the information requested.

From: Derek Canning LLB [HONS] (Account suspended)

31 May 2009

Dear Sir or Madam,

Please note the following quotation from Hansard
‘The charge was made on registered sellers and keepers by the
department when administering both these schemes. However,
following a review some doubts arose about the proper statutory
basis for charging these fees. The Bill will simply clarify those
powers’.
Having noted the above quotation and full the quotation below
please supply me with a copy of the review of the doubts that arose
about the proper statutory basis for charging fees and any
information that you have in relation to the Bird [Registration
Charges] Act 1997 especially what consultation there was with
stakeholder.

Birds (Registration Charges) Bill
HL Deb 20 March 1997 vol 579 c1154 1154
§ 7.45 p.m.
The Minister of State, Department of the Environment (Earl Ferrers)
My Lords, I beg to move that this Bill be now read a second time.
This is a short Bill and will clarify the powers of the Department
of the Environment to charge fees for registered sellers of dead
wild birds under Section 6 and for the birds registration scheme
under Section 7 of the Wildlife and Countryside Act 1981. The
charge was made on registered sellers and keepers by the department
when administering both these schemes. However, following a review
some doubts arose about the proper statutory basis for charging
these fees. The Bill will simply clarify those powers.
The Bill has three main provisions. First, it will permit future
charges to be made for the registration scheme and the registered
sellers of the dead wild bird scheme should such a new scheme be
reintroduced. Secondly, it will permit the recovery of charges for
bird registrations which were made between 21st May 1996, which is
the date on which the announcement was made in another place that
the requirement for the payment of any fees were suspended, and the
date when the Bill comes into force. Thirdly, it will validate all
registration charges which have been made under Sections 6 and 7 of
the Wildlife and Countryside Act 1981.
The Bill will affect about 1,000 registered keepers of birds. The
Bill is an uncontroversial measure. It will simply restore the
situation to that which the department and the bird keepers had
previously believed to be the case. It will not remove any rights
which they expected it to have. The Bill makes no other changes to
the Wildlife and Countryside Act 1981. I beg to move.
Moved, That the Bill be now read a second time.—(Earl Ferrers.)
On Question, Bill read a second time.
Committee negatived.
Then, Standing Order No. 44 having been suspended (pursuant to
Resolution of 18th March), Bill read a third time, and passed.
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HANSARD 1803–2005 → 1990s → 1996 → October 1996 → 31 October 1996 →
Commons Sitting → BILLS PRESENTED
BIRDS (REGISTRATION CHARGES)
HC Deb 31 October 1996 vol 284 c794 794
§ Mr. Secretary Gummer, supported by Mr. Chancellor of the
Exchequer, Mr. Secretary Forsyth, Mr. Secretary Hague and Mr.
Clappison, presented a Bill to make provision (including provision
having retrospective effect) authorising the Secretary of State to
impose charges in respect of registrations effected in accordance
with regulations under section 6(2) or 7(1) of the Wildlife and
Countryside Act 1981: And the same was read the First time; and
ordered to be read a Second time tomorrow and to be printed. [Bill
9.]
c794
1. FIREARMS (AMENDMENT) 89 words
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HANSARD 1803–2005 → 1990s → 1996 → May 1996 → 21 May 1996 → Written
Answers (Commons) → ENVIRONMENT

Yours faithfully,

Derek Canning LLB [HONS]

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From: Wendy Dalton
Joint Nature Conservation Committee

29 June 2009

Dear Mr Canning

The above request received by us on 31^st May 2009 is exempt under the
Freedom of Information Act and we have therefore handled your request
under the Environmental Information Regulations.

In reply to your request we do not have a copy of the document to which
you refer (the `review of doubts'). We also do not have any copies of a
review concerning the Bird (Registration Charges) Act 1997 or of any
related consultation.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint, please contact Sue McQueen
([1][email address]).

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Yours sincerely

Wendy Dalton

Business Planning Officer

JNCC

show quoted sections

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From: Derek Canning LLB [HONS] (Account suspended)

29 June 2009

Dear Sir or Madam,

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

I am writing to request an internal review of Joint Nature
Conservation Committee's handling of my FOI request 'please supply
me with a copy of the review of the doubts that arose about the
proper statutory basis for charging fees and any information that
you have in relation to the Bird [Registration Charges] Act 1997
especially what consultation there was with stakeholder.'.

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

Yours sincerely,

Derek Canning LLB [HONS]

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From: Wendy Dalton
Joint Nature Conservation Committee

2 July 2009

Dear Mr Canning

Thank you for your email of 29^th June 2009 requesting an internal review
on your Freedom of Information request.

The first step in our review process is for me to seek to resolve your
complaint. To enable me to do this please outline the aspects of the
handling of your request that you are dissatisfied with.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint, please contact Sue McQueen
([1][email address]).

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Yours sincerely

Wendy Dalton

Business Planning Officer

JNCC

show quoted sections

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From: Derek Canning LLB [HONS] (Account suspended)

2 July 2009

Dear Wendy Dalton,

You have the information and I want the information, it is as
simple as that.

Yours sincerely,

Derek Canning LLB [HONS]

Link to this

From: Wendy Dalton
Joint Nature Conservation Committee

23 July 2009

Dear Mr Canning

With reference to your email dated 2^nd July 2009. We have undertaken a
thorough search of our current archive and files and can confirm we do not
hold the information requested.

If you could clarify any aspects of the handling of your request you are
still dissatisfied with I would be most grateful.

Furthermore, if you are unhappy with the service you have received in
relation to your request and wish to make a complaint, please contact Sue
McQueen ([1][email address]).

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Yours sincerely

Wendy Dalton

Business Planning Officer

JNCC

show quoted sections

Link to this

From: Sue McQueen
Joint Nature Conservation Committee

30 July 2009

Dear Mr Canning,

Ref 09/10_16

The internal review of the handling of your request for information about
Bird Registration charges has been completed.

The review was conducted by the Biodiversity Research Manager who is
unconnected with either JNCC's Business Unit or Global Advice Team which
were directly involved in handling your request.

The conclusions of the reviewer were as follows:

. The request was correctly handled under the Environmental
Information Regulations although it was made under the Freedom of
Information Act.

. The response was made 1 day later than the required response
time.

. A thorough search for the information requested was undertaken
and you were correctly advised that JNCC does not hold the information.
However in our response to you we should have:

o stated that this clearly as an exemption under the Environmental
Information regulations;

o provided further advice as to where you might be able to find such
information.

Accordingly we:

. advise you that the information falls under the exception under
regulation 12 (4) (a) of the Environmental Information Act - The public
authority does not hold the information when an applicant's request is
received. This situation has not changed since our response to your
request.

. advise you that the Wildlife Licensing and Registration Service
(WLRS) may hold this information
([1]http://www.defra.gov.uk/animalhealth/cit...);

. Apologise for omitting this information from our correspondence
with you and for the short delay in providing you with a response.

I hope this information is helpful. However, if you are still not content
with the handling of your request you may write to the:

Information Commissioner's Office

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours Sincerely

Sue McQueen

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