Council Tax Regulations – Schedule 5 bailiff fees

Roedd y cais yn llwyddiannus.

Dear Preston City Council,

Relating to schedule 5 of the Council Tax (Administration and
Enforcement) Regulations 1992, commencing 2009/10 to date and
categorised by year please supply the number of;

a) Preston City Borough residents who have incurred the Header H fee, as a result of the council or its agents enforcing council tax debt?

b) council tax cases Preston City council referred to bailiff:

i – to levy distress?

ii – where goods were removed?

Yours faithfully,

Max Headroom

FOI Freedom of Information Mailbox, Preston City Council

Thank you for your e-mail. If this is a valid request made under Freedom
of Information you can expect to receive a response within 20 working
days.
 
Preston City Council

dangos adrannau a ddyfynnir

FOI Freedom of Information Mailbox, Preston City Council

1 Atodiad

Please see attached

Trish Ashcroft
Governance Officer
01772906848
Preston City Council

dangos adrannau a ddyfynnir

FOI Freedom of Information Mailbox, Preston City Council

1 Atodiad

Please see attached

Trish Ashcroft
Governance Officer
01772906848
Preston City Council

dangos adrannau a ddyfynnir

Dear Preston City Council,

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

I am writing to request an internal review of Preston City Council's handling of my FOI request 'Council Tax Regulations – Schedule 5 bailiff fees'.

"(a) Preston City Council does not keep a record on customers’ accounts of any Header H charges."

Your bailiff contractor would hold these details.

Would Preston City Council consider the following and obtain the information which would be held by the Bailiffs concerned.

With regards the Head H fees, please read the following:

Paragraph 54 of the Government Response to the Justice Committee’s Report (published November 2012): Post-legislative scrutiny of the Freedom of Information Act 2000 would suggest Preston City Council were obliged to supply the requested information if it was held by one of its contractors, in this case its outsouced firm of bailiffs (even though they are not a public body).

http://www.justice.gov.uk/downloads/publ...

" 54. ........ Where public services are delivered on behalf of a public authority under contract, the Government expects that cntractors will fully assist public authorities in meeting their current obligations under FOIA to consider for disclosure information held on public authorities’ behalf by a contractor. We agree with the Committee that contracts should include clear provisions in this regard, and stress that public authorities should not be reluctant in taking all necessary steps to ensure compliance. "

The Freedom of Information Act 2000 itself, under Section 3 makes provision for councils to release information in these circumstances, i.e., (1)(a)(ii) and (2)(b).

http://www.legislation.gov.uk/ukpga/2000...

" 3 Public authorities.

(1) In this Act “public authority” means—

(a) subject to section 4(4), any body which, any other person who, or the holder of any office which—

(i) is listed in Schedule 1, or

(ii) is designated by order under section 5, or

(b) a publicly-owned company as defined by section 6.

(2) For the purposes of this Act, information is held by a public authority if—

(a) it is held by the authority, otherwise than on behalf of another person, or

(b) it is held by another person on behalf of the authority. "

The relevant part of Section 5, being (1)(a) and (1)(b)

http://www.legislation.gov.uk/ukpga/2000...

" 5 Further power to designate public authorities.

(1) The [Secretary of State] may by order designate as a public authority for the purposes of this Act any person who is neither listed in Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who—

(a) appears to the Secretary of State to exercise functions of a public nature, or

(b) is providing under a contract made with a public authority any service whose provision is a function of that authority.

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

Yours faithfully,

Max Headroom

FOI Freedom of Information Mailbox, Preston City Council

Thank you for your e-mail. If this is a valid request made under Freedom
of Information you can expect to receive a response within 20 working
days.
 
Preston City Council

dangos adrannau a ddyfynnir

FOI Freedom of Information Mailbox, Preston City Council

1 Atodiad

Please see attached letter

Trish Ashcroft
Governance Officer
01772906848
Preston City Council

dangos adrannau a ddyfynnir