Local Government Act 1888

Kent County Council Nid oedd gan y wybodaeth y gofynnwyd amdani.

by:Theresa:Stirling UCC1-207

Dear Kent County Council,

In the Local Government Act 1888 it specifically states the
following;

Section 79 Incorporation of county council.
(2)All duties and liabilities of the inhabitants of a county shall
become and be duties and liabilities of the council of such county.

Can you confirm that you operate under the Local Government Act
1888 as required by law.

Since you are therefore according to this statute liable for the
inhabitants liabilities, does this not mean that you are also
liable for the inhabitants council tax?. Not withstanding other
liabilities which inhabitants of said council may possess.

Would you kindly outline the format in which such liabilities and
duties may be presented to you for payment.

Yours faithfully,

by:Theresa:Stirling

Kent County Council

Dear  Ms Stirling

 

Thank you for your email below.

 

Kent County Council acknowledges your request for information under the
Freedom of Information Act 2000. Assuming KCC holds this information, we
will endeavour to supply the data to you as soon as possible but no later
than 23 April 2013 (20 working days from date of receipt).

 

We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/13/0464 - in any
communication regarding this particular request.

 

Best regards

Miss Ellis Bryant
Information Access Officer
Information Resilience & Transparency Team
Business Strategy & Support, Governance & Law
Kent County Council, Room 2.71, Sessions House, County Road, Maidstone,
ME14 1XQ. 
Telephone: 01622 696199, Internal: 7000 6199, Fax: 01622 696075
[1]http://www.kent.gov.uk/your_council/cont...

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Kent County Council

Dear Ms Stirling
 
Thank you for your request for information. Kent County Council's response
is as follows.
 

With regard to Section 79(2) there was no intention in the 1888 Act for a
county to become responsible for such things as individuals’ debts and
taxes. To claim otherwise would be to misunderstand the meaning of the
term “liabilities” as used in the Act. This term is defined in Section
100. In any case Section 59(2)(c) specifically stated that the Act would
not affect the local taxes then payable.

 

As you will know nearly all of the Act has since been repealed or at least
superseded. Local Authority areas and functions are currently legislated
by the Local Government Act 1972 (with subsequent amendments and
additional legislation).

 

Individual liability for council tax is set out in the Local Government
Finance Act 1992. The 12 Kent district councils in our area are
responsible for collecting council tax from the appropriate person(s) in
accordance with all the current primary and secondary council tax
legislation (which also sets out available discounts and exemptions).

 

In answer to your question the County Council (and District Councils) have
no legal powers to remit council tax on the grounds that you are claiming.

 

If you are unhappy with this response, and believe KCC has not complied
with legislation, please ask for a review by following our complaints
process; details can be found at this link
[1]http://www.kent.gov.uk/your_council/have...
on our website. Please quote reference FOI/13/0464.

 

If you still remain dissatisfied following an internal review, you can
appeal to the Information Commissioner, who oversees compliance with the
Freedom of Information Act 2000. Details of what you need to do, should
you wish to pursue this course of action, are available from the
Information Commissioner’s website
[2]http://www.ico.gov.uk/complaints/getting....

 
Miss Jemila Dodge
Information Access Officer
Information Resilience & Transparency Team,
Business Strategy & Support, Governance & Law
Kent County Council, Room 2.71, Sessions House, County Road, Maidstone,
ME14 1XQ
Tel: 01622 696265, Internal 7000 6265,
Fax: 01622 696075
[3]http://www.kent.gov.uk/your_council/cont...

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Gadawodd J Osborn anodiad ()

Interestingly it doesn't say what the intent was.

My own research shows you are the Surety and these self-appointed busy bodies are the Guarantor. Also look up Guardian.

Gadawodd Kevin anodiad ()

Hold on they have misunderstood the wording they are referring to "Individuals" when the Act clearly states Inhabitants?

Here is the Act in it's Entirety

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

Part V Proceedings of Councils and Committees

79 Incorporation of county council.

1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(2)All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.

(3)Where any enactment (whether relating to . . . F80 bridges, or other county purposes, or to quarter sessions) requires or authorises land to be conveyed or granted to, or any contract or agreement to be made in the name of, the clerk of the peace, or any justice or justices or other person, on behalf of the county or quarter sessions, or justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the . . . F81 county concerned.

by:Theresa:Stirling UCC1-207

Dear Kent County Council,

Thank you for your reply. As you are aware this part of the act has not been repealed. The act refers to inhabitants not individuals as you have stated, please review your answer, as I did not ask for an opinion of how the act should be interpreted.

Yours faithfully,

by:Theresa:Stirling UCC1-207

Kent County Council

Dear Ms Stirling

Thank you for your email. I am sorry you were unhappy with Kent County Council's response to your request for information and that you found the reference to the current legislation unhelpful. This was provided to put the response into context.

As part of the review process, I have revisited your original request and would first like to clarify that the right of access under FOIA 2000 is to information that has been recorded. Public authorities like KCC are under no obligations to create information to satisfy requests so if the answer to a question raised by an applicant has not previously been recorded, then a public authority does not have to comply with the request.

I have provided a link to the information Commissioner's guidance on accessing official information which you may find helpful in the future. http://www.ico.org.uk/for_the_public/off...

Looking at your original request, KCC's response should have been as follows:-

I can confirm that KCC does not hold any recorded information regarding any liabilities it may still have under the Local Government Act 1888.

However, in accordance with our duty to advise and assist under section 16 FOIA, I can advise that KCC has no legal power or duty to receive your liabilities under current legislation, therefore no procedure or process exists to facilitate you transferring your liabilities to KCC.

If you consider you have a financial claim against KCC, I would suggest you seek independent legal advice.

If you consider KCC is guilty of maladministration, you should now escalate your complaint to the Local Government Ombudsman. Please see the Ombudsman's website http://www.lgo.org.uk/making-a-complaint/, or alternatively, you can phone the LGO Advice Team on 0300 061 0614.

If you believe that the KCC has breached the Freedom of Information Act 2000, you can appeal to the Information Commissioner, who oversees compliance with the Act. Details of what you need to do, should you wish to pursue this course of action, are available from the Information Commissioner's website http://www.ico.org.uk/complaints, or you can phone the ICO Helpline on 0303 123 1113.

Best regards

Caroline Dodge
Team Leader, Information Resilience & Transparency Team, Business Strategy & Support, Governance & Law Kent County Council, Room 2.71, Sessions House, County Road, Maidstone, ME14 1XQ
Tel: 01622 221652, Internal 7000 1652,
Fax: 01622 696075
http://www.kent.gov.uk/your_council/cont...

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