Deloitte Appointed to Avoid Carillion-Style Implosion of Kier

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai The Financial Conduct Authority fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear The Financial Conduct Authority,

Send me a schedule of the complaints and requests you have received about Kier Highways and the action taken about them.

The request follows the report here:-

https://www.telegraph.co.uk/business/202... and here http://www.englandhighways.co.uk/

Yours faithfully,

Peter Anderson

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Dear The Financial Conduct Authority,

Complaints for the past 6 years.

Yours faithfully,

Peter Anderson

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

3 Atodiad

Our ref:        FOI7128

 

Dear Mr Anderson

 

Freedom of Information: Right to know request

 

We refer to your request under the Freedom of Information Act 2000 (“the
Act”) for the following information:

 

“Send me a schedule of the complaints and requests you have received about
Kier Highways and the action taken about them.”

 

Your request is currently being considered and, in doing so, we are of the
view that if we were to hold the information, which we do not confirm or
deny, the following qualified exemption under the Act may apply:

 

o Section 31 (law enforcement)

 

This is because we are considering whether such a confirmation or denial
would, or would be likely to, prejudice the exercise by the FCA of its
functions under FSMA.

 

To confirm or deny that we hold the information you have requested without
completing this consideration would, or would be likely to, prejudice the
exercise by the FCA of its functions FSMA.  Therefore, until we have
completed this consideration we are unable to confirm or deny under
section 31 (Law enforcement) whether or not we hold the relevant
information.

 

As this is the case, the FCA is required to weigh the public interest for
and against maintaining the exclusion of the duty to confirm or deny, as
required by the Act.

 

By virtue of section 10(3), where public authorities have to consider the
balance of the public interest in relation to a request, they do not have
to comply with the request until such time as is reasonable in the
circumstances.  The FCA has not yet reached a decision on the balance of
the public interest.  Due to the need to consider, in all the
circumstances of the case, where the balance of the public interest lies
in relation to the information that you have requested, the FCA will not
be able to respond to your request in full within 20 working days.  In
these circumstances, we hope to be in a position to respond to you by 21
April 2020, although should we be in a position to contact you sooner we
will do so.

 

Yours sincerely

 

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Freedom of Information, The Financial Conduct Authority

3 Atodiad

Our ref:        FOI7128

 

Dear Mr Anderson

 

We write further to our email of 23 March 2020 about your request under
the Freedom of Information Act 2000 (“the Act”).

 

The FCA is still not in a position to reply to your right to know request,
as a decision has yet to be reached on the balance of public interest in
respect of the information you seek.  Please accept our sincere apologies
for this further delay. As previously explained in our earlier email we
are of the view that the following qualified exemption under the Act may
apply:

 

o Section 31 (law enforcement)

 

Please be assured the public interest in disclosing this information to
you is under full consideration and we aim to be in a position to respond
to you by 4 May 2020, although should we be able to contact you sooner we
will do so.

 

In the meantime, thank you for your understanding and patience.

 

Yours sincerely,

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[1]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

[2]www.fca.org.uk

 

Follow us:

 

[3]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
2. http://www.fca.org.uk/
3. https://twitter.com/TheFCA
4. https://www.linkedin.com/company/financi...

Dear Freedom of Information,

You are breaking the law.
You have the information.
Send em all your considering and do an internal review

Yours sincerely,

Peter Anderson

The Financial Conduct Authority

Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.

This communication and any attachments may contain personal information. For more information about how and why we use personal information and who to contact with any queries about this, please see our privacy notices: FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR Privacy Notice (https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.

The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

3 Atodiad

  • Attachment

    Picture Device Independent Bitmap 1.jpg

    4K Download

  • Attachment

    Picture Device Independent Bitmap 2.jpg

    0K Download

  • Attachment

    Picture Device Independent Bitmap 3.jpg

    0K Download

Our ref: FOI7128
 
Dear Mr Anderson
 
Freedom of Information: Right to know request
 
Thank you for your email.
 
Your comments are duly noted. However, as explained in our email of 20
April 2020 we regretfully are still not in a position to reply to your
request, as we need more time to balance the public interest in favour or
against disclosure. As also advised in our email, we hope to be in a
position to respond to you by 4 May 2020, though should we be able to
contact you sooner we will do so.
 
In line with the Act, until we have reached a decision on the balance of
the public interest in respect of all the information within scope, I
would ask you to please allow us the extra time needed to undertake this
exercise. Once you have received our response, if you are still unhappy
with the decision made in relation to your request, you will then have the
right to ask for an internal review.
 
Furthermore, if you are not content with the outcome of the internal
review, you will also have a right of appeal to the Information
Commissioner at Information Commissioner's Office, who can be contacted by
phone or on their website:
 
Telephone: 01625 545 700,
Website: [1]www.ico.org.uk
 
Yours sincerely,
 
Information Disclosure Team / Cyber and Information Resilience Department
/ Operations
12 Endeavour Square
London
E20 1JN
 
[2]www.fca.org.uk
 
Follow us:
 
[3][IMG]   [4][IMG]
 
 

dangos adrannau a ddyfynnir

Freedom of Information, The Financial Conduct Authority

3 Atodiad

Our ref:        FOI7128

 

Dear Mr Anderson

 

Freedom of Information: Right to know request

 

Thank you for your email of 24 February 2020, in which you asked for a
schedule of complaints and requests the FCA received about [a named firm]
and the action taken about them.

 

We are handling this as a request for information under the Freedom of
Information Act 2000 (FOIA). We wrote to you by email on 23 March 2020 to
explain that we considered exemptions applied and needed further time to
consider the public interest in disclosing the information requested.

 

Our decision on your request

 

We have now considered your request. We can neither confirm nor deny
whether we hold the information you have requested. Any information we may
or may not hold would relate to the business affairs of the firm
mentioned, and would have been received by the FCA while carrying out our
regulatory functions under the Financial Services and Markets Act (FSMA).

 

Section 348 of FSMA prevents us from disclosing ‘confidential information’
except in certain limited circumstances (none of which would apply here). 
We cannot confirm or deny whether we hold information under section 44
(Prohibitions on disclosure) of FOIA as we believe that this would have
the effect of disclosing ‘confidential information’.

 

Additionally, we can neither confirm nor deny if we hold information
relevant to your request as section 31 (Law enforcement) applies.
Confirming or denying whether information is held could prejudice the
FCA’s ability to carry out   its regulatory functions under FSMA in
respect of law enforcement.

 

For a detailed explanation of why the above exemptions apply, please see
Annex A.

 

Your right to complain under FOIA

 

If you are unhappy with the decision we have made about your request, you
have the right to request an internal review. To do so, please contact us
within three months of the date of this response.

 

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner by phone or on
their website at:

 

Telephone: 0303 123 1113

 

Website: [1]www.ico.org.uk

 

Yours sincerely

 

Information Disclosure Team / Cyber and Information Resilience Department
/ Operations

[2]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

 

[3]www.fca.org.uk

 

Follow us:

 

[4]Description: https://g.twimg.com/Twitter_logo_blue.pn...
image003

 

 

Annex A

 

·                General right of access to information held by public
authorities

 

Anyone requesting information from a public authority is entitled to be
informed in writing whether it holds the information described (this is
under section 1(1)(a) of FOIA).  If the public authority does hold it, the
person requesting it is entitled to have the information communicated to
them, under section 1(1)(b).  However, there are exclusions and exemptions
to these rights.

Section 44 is one of them. It is an absolute exemption which means that if
it is engaged, a weighing of the public interest for and against
maintaining the exclusion of the duty to confirm or deny whether the
information is held by a public authority is not required.

 

·                Section 44 (Prohibitions on disclosure)

 

A public authority does not have to confirm or deny whether it holds the
information requested if doing so is prohibited under another Act from
FOIA.

 

Section 348 of FSMA prevents us from disclosing ‘confidential information’
we have received except in certain limited circumstances (none of which
would apply here). 

 

By ‘confidential information’ we mean:

o non-public and non-anonymised information which relates to the
business or other affairs of any person
o and which the FCA (or its predecessor the FSA) received for the
purposes of, or in the discharge of, its functions under FSMA which is
not in the public domain

 

If we held information falling within the scope of your request it would
be ‘confidential information’ which was received by the FCA in the
discharge of its functions under FSMA.  Disclosing such ‘confidential
information’, without the consent of the provider of the information –
and, if different, the consent of the person the information relates to –
would breach section 348 of FSMA and would be a criminal offence.

 

·                Section 31 (Law enforcement)

 

Under section 31(3), we do not have to confirm or deny if doing so could
prejudice how we exercise our functions for any of the purposes specified
in section 31(2). In this instance, the qualified exemption under sections
31(1)(g) and 31(2)(b) apply.

 

As section 31 is a ‘qualified exemption’ we have balanced the public
interest for and against confirmation/denial, as required by FOIA.

 

Against maintaining the exclusion (i.e. for confirming or denying):

 

•      There is a strong public interest in favour of transparency and the
public being reassured about the effectiveness of our regulatory approach.
Disclosing the information (if it exists) would demonstrate how we respond
to matters arising in the sector we regulate.

 

•      Disclosing the information (if it exists) would give the public
insight into information sharing and co-operation between the FCA and
other agencies.

 

 

For maintaining the exclusion (i.e. not confirming or denying):

 

·                There is a strong public interest in the FCA being able
to carry out its functions in the most effective manner possible.

 

·                Confirming or denying that we hold the information (which
may or may not be the case), has the potential to mislead and prejudice
the participants in the financial market and consumers, because either
misconduct or a clean bill of health may be inferred incorrectly from the
mere fact that we hold or do not hold information falling within the scope
of the request.

 

·                This could also lead to widespread speculation which
could hinder and prejudice the progress of any current and/or future FCA
enquiries, considerations and/or action.  It could also affect the brand
and reputation of the market in the absence of any formal public
announcement and without the market having had the opportunity to comment.

 

 

Having balanced the public interest for and against, in this case, in we
think the public interest lies in favour of maintaining the exclusion for
the reasons set out above.

 

 

 

 

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

References

Visible links
1. http://www.ico.org.uk/
3. http://www.fca.org.uk/
4. https://twitter.com/TheFCA
5. https://www.linkedin.com/company/financi...