Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywJ. Ross mewngofnodwch a gadael i bawb wybod.

EU Regulations - Bankruptcy Proceedings

We're waiting for J. Ross to read recent responses and update the status.

Dear Richmondshire District Council,

EU Regulations - Bankruptcy Proceedings

Please provide the following information under the FOIA for all periods that information is retained.

1. Information as to whether the council billing authority instigates bankruptcy proceedings against it's customer being a natural individual (not a company or trader) for non-payment of council tax under the EU Regulations or national law(Insolvency Act 1986 and Insolvency Rules).

2. Clarify if the council files a bankruptcy petition under the EU Regulations what cross border element applies.

(a) Does this cross border element apply to the council (local billing authority) or to your customer and state which EU Article and section applies that must be contained within the bankruptcy order.

(b) If the cross border element under the EU Regulations effects the council directly, please clarify where this legal entity is located and operates from.

(c) State the court or hearing centre or office that receives and hears these petitions.

3. National law also sets out the conditions for the opening of insolvency proceedings, including requirements relating to what notice should be given to your customer (debtor), both pre-insolvency and once insolvency proceedings have commenced.

(a) Identify who sends out these notices and if agents are used by the council in which capacity they act.

(b) Provide a copy of these notices and the information they must contain (customers details redacted).

(c) State the court or hearing centre or office that receives and hears these petitions.

(d) Confirm where the court makes a bankruptcy order whether the following is contained within that order that the council obtains 'the order that the court is satisfied that the EU Regulations does not apply in relation to the proceedings'.

4. Confirm what Data protection is in place for sharing your customers (natural individual person in contrast to a fictional entity) information and data in regards to the EU Regulation cross border element.

(a) And where no cross border element is involved (national law).

(b) State who is granted access and how this data and information is shared under national law, and where the EU Regulation cross border element applies.

Yours faithfully,

J. Ross

Richmondshire District Council

Dear Sir/Madam

Freedom of Information Act 2000 - Information request 150923

I acknowledge your request for information received on 28/Oct/2019. Your
reference number is 150923.

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days as defined by
the Freedom of Information Act 2000, subject to the information not being
exempt or containing a reference to a third party. If you require the
information in alternative formats, e.g. a different language, audio
format, or in large print, please let me know.

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case.

If you have any queries or concerns, please contact
[1][email address]

Further information is also available from the Information Commissioner at
[2]ico.org.uk

Yours sincerely

Senior Information Manager

References

Visible links
1. mailto:[email address]
2. https://ico.org.uk/

Richmondshire District Council

Dear Sir/Madam

Freedom of Information Act 2000 - Information request 150923

Your request for information has now been considered and the information
requested is below.

Information disclosed:

Request:

1. Information as to whether the council billing authority instigates
bankruptcy proceedings against it's customer being a natural individual
(not a company or trader) for non-payment of council tax under the EU
Regulations or national law(Insolvency Act 1986 and Insolvency Rules).

2. Clarify if the council files a bankruptcy petition under the EU
Regulations what cross border element applies.

(a) Does this cross border element apply to the council (local billing
authority) or to your customer and state which EU Article and section
applies that must be contained within the bankruptcy order.

(b) If the cross border element under the EU Regulations effects the
council directly, please clarify where this legal entity is located and
operates from.

(c) State the court or hearing centre or office that receives and hears
these petitions.

3. National law also sets out the conditions for the opening of insolvency
proceedings, including requirements relating to what notice should be
given to your customer (debtor), both pre-insolvency and once insolvency
proceedings have commenced.

(a) Identify who sends out these notices and if agents are used by the
council in which capacity they act.

(b) Provide a copy of these notices and the information they must contain
(customers details redacted).

(c) State the court or hearing centre or office that receives and hears
these petitions.

(d) Confirm where the court makes a bankruptcy order whether the following
is contained within that order that the council obtains 'the order that
the court is satisfied that the EU Regulations does not apply in relation
to the proceedings'.

4. Confirm what Data protection is in place for sharing your customers
(natural individual person in contrast to a fictional entity) information
and data in regards to the EU Regulation cross border element.

(a) And where no cross border element is involved (national law).

(b) State who is granted access and how this data and information is
shared under national law, and where the EU Regulation cross border
element applies.

Response:

This Council has currently not pursued bankruptcy proceedings outside of
England or Wales and those that have been taken were passed to an external
specialist solicitor.

If you are dissatisfied with this response, and believe Richmondshire
District Council has not complied with legislation, please ask for an
internal review. Please quote reference number 150923.

You may apply directly to the Information Commissioner for a decision at
[1]ico.org.uk. Generally, the ICO cannot make a decision unless you have
exhausted the council’s complaints procedure.

The information provided in response to your request is copyright
Richmondshire District Council unless otherwise endorsed. Granting access
to this information under the Freedom of Information Act does not permit
you to re-use the information for commercial purposes, or to photocopy or
reproduce the information in any form.

If you wish to re-use the information, you need to apply for a licence by
contacting [2][email address]. You may be
required to pay a fee or comply with conditions for permitted re-use.

Yours sincerely

Senior Information Manager

References

Visible links
1. https://ico.org.uk/
2. mailto:[email address]

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywJ. Ross mewngofnodwch a gadael i bawb wybod.