Statement of Persons Nominated

David Watson made this Freedom of Information request to Test Valley Borough Council

The request was refused by Test Valley Borough Council.

From: David Watson

26 February 2010

Dear Test Valley Borough Council,

Please provide the following information in electronic form (either
as a text file or a hyper-link) :

1) The Statement of Persons Nominated for the constituency of North
West Hampshire for the Parliamentary Election held on 1st May 1997
2) The Statement of Persons Nominated for the constituency of North
West Hampshire for the Parliamentary Election held on 7th June 2001
3) The Statement of Persons Nominated for the constituency of North
West Hampshire for the Parliamentary Election held on 5th May 2005

and

4) The Statement of Persons Nominated for the constituency of
Romsey for the Parliamentary Election held on 1st May 1997
5) The Statement of Persons Nominated for the constituency of
Romsey for the Parliamentary Election held on 7th June 2001
6) The Statement of Persons Nominated for the constituency of
Romsey for the Parliamentary Election held on 5th May 2005

Thank you.

Yours faithfully,

David Watson

Link to this

From: freedomofinformation
Test Valley Borough Council

1 March 2010

Dear Mr.Watson

Thank you for your request for information received on the 26 ^th February
2010 concerning statements of persons nominated.

Having looked into the matter thoroughly the position is that the
information requested concerning statements of persons nominated comprises
part of the function of the Acting Returning Officer.

The office of the Acting Returning Officer is a separate function to those
of Local Authorities and not covered by the Freedom of Information Act
2000.

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to the Complaints and
Improvement Officer at the above address or complete the on-line complaint
form that can be found at www.testvalley.gov.uk.

Kind regards

Linda Judd

Legal & Democratic Service

Ext: 8402 (pm)

show quoted sections

Link to this

From: David Watson

18 March 2010

Dear Ms. Judd,

Rather than going straight to an internal review at this stage, I
would like to draw your attention to the ICO's guidance on the
matter of "information held on behalf of another", available
on-line at:

http://www.ico.gov.uk/upload/documents/l...

In light of this guidance, can you please confirm whether or not
Test Valley Borough Council holds any copies of the requested
information ?

Thank you.

Yours sincerely,

David Watson

Link to this

From: freedomofinformation
Test Valley Borough Council

18 March 2010

Dear Mr. Watson

Thank you for your e-mail below. This has been passed to one of our
solicitors to deal with but as she is in Court today, this will be
placed in front of her when she returns to the office tomorrow.

Kind regards
Linda

show quoted sections

Link to this

From: David Watson

28 March 2010

Dear Test Valley Borough Council,

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

I am writing to request an internal review of Test Valley Borough
Council's handling of my FOI request 'Statement of Persons
Nominated'.

Whilst it is acknowledged that the Electoral Registration Officer
and the (Acting) Returning Officer are not included in the list of
public bodies covered by the Freedom of Information Act 2000, the
Information Commissioner has produced guidance (on-line at:
http://www.ico.gov.uk/upload/documents/l...,
referred to earlier in this correspondence) that the officers are
unlikely to be able to undertake their duties without the direct
support and involvement of the local authority responsible for
providing electoral services for the constituency. The cited
guidance indicates that where the local authority produces and
maintains copies of documents on another's behalf and has ongoing
access to and control of the documents then they are subject to FOI
through the local authority.

I therefore maintain that TVBC's refusal not only to provide copies
of any of the documents that remain in its possession but also to
acknowledge whether any exist goes counter to the guidance of the
ICO, and is a breach of the Act.

Accordingly I request an internal review of the Freedom Of
Information Officer's refusal to comply with the request.

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

Yours faithfully,

David Watson

Link to this

From: Tovey, Susan
Test Valley Borough Council

15 April 2010

Dear Mr Watson

I refer to you FOI request for copies of statements of persons nominated.

I have been asked to carry out a review of our refusal to release the
information.

I have looked at this and have come to the same conclusion as the original
request. This is because the information comprised in the statements of
persons nominated is information held by the Acting Returning Officer and
not by the borough council. The Acting Returning Officer's function is
separate from the council and the Freedom of Information Act 2000 does not
apply to that function. In the circumstances the Council is unable to
release the information.

In coming to this decision I have considered the Information
Commissioner's guidance.

If you have any complaints in respect of your information request, please
write to the Complaints & Improvement Officer at the above address or
complete the on-line complaint form that can be found at
www.testvalley.gov.uk. If your complaint is not resolved to your complete
satisfaction, you have the right to apply to the Information Commissioner
for a decision.

Yours sincerely

Susan Tovey

Susan Tovey
Solicitor
Head of Legal & Democratic Services
Test Valley Borough Council
Tel: 01264 368401
HPSN 991 8401
<[1]mailto:[email address]>

The information in this e-mail is confidential. The content may not be
disclosed or used by anyone other than the intended recipient. If you are
not the intended recipient, please notify the Council's Data Protection
Administrator immediately on 01264 368231. Test Valley Borough Council
cannot accept any responsibility for the accuracy or completeness of this
message as it has been transmitted over a public network. If you suspect
that the message may have been intercepted or amended, please call the
Data Protection Administrator on the above phone number.

References

Visible links
1. mailto:[email address]

Link to this

David Watson left an annotation (15 April 2010)

Complaint submitted to Test Valley Borough Council, their reference CC-26790E.

Link to this

David Watson left an annotation (26 April 2010)

Complaint to TVBC rejected on 23/04/2010.

Link to this

Things to do with this request

Anyone:
Test Valley Borough Council only: