Registrar of Local Land Charges

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to South Norfolk District Council

Waiting for an internal review by South Norfolk District Council of their handling of this request.

From: Stuart Hardwicke CARRUTHERS

4 October 2009

Dear Sir or Madam,

Who is the registrar of local land charges at the South norfolk
District Council.

On what date were they appointed to this function.

Please provide a copy of the Council's procedures if through
negligence, mistake, act of fraud or similar by members of the
Council's staff the Council wrongly makes entries in the registrars
of local land charges.

Yours faithfully,

Stuart Hardwicke Carruthers

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From: Stuart Hardwicke CARRUTHERS

4 October 2009

Dear Sir or Madam,

This needs amendment.

Under the 1975 Local Land Charges Act the Council is the
registering authority.

What procedures are in place where officer's without authority
issues notices in the Council's name and enters the notices in the
Local Land Charges register.

Further what happens when this is admitted to have occurred by the
Council. What procedures are in place.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

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From: Right2Know
South Norfolk District Council

6 October 2009

Dear Mr Carruthers,

Thank you for your request, which I am now in a position to respond to.
I have reproduced your request below along with my answers for ease of
reference.

Who is the registrar of local land charges at the South Norfolk District
Council - There is no Local Land Charges Registrar at South Norfolk
Council

On what date were they appointed to this function - Not Applicable

Please provide a copy of the Council's procedures if through negligence,
mistake, act of fraud or similar by members of the Council's staff the
Council wrongly makes entries in the registrars of local land charges -
No written procedure exists regarding if through negligence, mistake,
act of fraud or similar by members of the Council's staff the Council
wrongly makes entries in the registrars of local land charges

Under the 1975 Local Land Charges Act the Council is the registering
authority - this is a statement and therefore I cannot deal with this as
part of your request

What procedures are in place where officers without authority issues
notices in the Council's name and enters the notices in the Local Land
Charges register - no procedures are in place where officers without
authority may issue notices in the Council's name and enter the notices
in the Local Land Charges register

Further what happens when this is admitted to have occurred by the
Council. What procedures are in place - Not Applicable

I hope this is of assistance and is sufficient to meet your
requirements, but if, for whatever reason you wish to get back to me,
please feel free to do so. In particular if you are unhappy with the
information provided or how your request was handled please let me know
and I will explain how you can make a complaint to the Council.

Please quote FOI 09-247 in any further correspondence concerning this
request.

Regards

Emma Nangle
Information Rights Officer
South Norfolk Council
Long Stratton Norwich
NR15 2XE
tel: 01508 533747
email: [South Norfolk District Council request email]
website: www.south-norfolk.gov.uk

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From: Stuart Hardwicke CARRUTHERS

6 October 2009

Dear Right2Know,

Could you clarify this issue.. Are you identifying that there are
no procedures in place for officers of the SNDC to issue and/or
change local land charges. at their whim outside of the Council's
scheme of delegation.

The Council recently changed its scheme of delegation with respect
to emergency authorisations.

This has significant implications for the SNDC publication scheme.
Please provide a copy of your procedures.. for dealing with
complaints about this as it appears clear that there can not be
trust and confidence in any local certificate of search provided by
the Council

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Right2Know
South Norfolk District Council

8 October 2009

Dear Mr Carruthers,

I shall clarify my response. As you will be aware, the Freedom of
Information Act applies to recorded information and the Council is not
obliged to create information for the purpose of your request.
Therefore, my response to you that the Council does not have a written
procedure regarding the specifics in your request sufficiently answers
your request. I see no further explanation necessary.

Regards

Emma Nangle
Information Rights Officer
South Norfolk Council
Long Stratton Norwich
NR15 2XE
tel: 01508 533747
email: [South Norfolk District Council request email]
website: www.south-norfolk.gov.uk

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From: Stuart Hardwicke CARRUTHERS

8 October 2009

Dear Right2Know,

This would be in breach of the Council's publication scheme,as it
implies that there is no route to correct false information
published by the Council.

The handling of the request is not in question. This appears
exemplary. The SNDC staff are able to make up land charges at will
and introduce them into their registers... this is obviously
something that the Monitoring Officer and Solicitor are responsible
for under the SNDC constitution.

However.. under FOI you can raise issues about both the handling of
information and the publication scheme (s45 guidance). There are
errors in the registers of local land charges.. and as such the
SNDC is publishing false and misleading information and this false
and misleading information forms part of the SNDC publication
scheme. Internal review is requested.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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Things to do with this request

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