Mandatory TM44 Air Conditioning Inspection Reports

Scott Davies made this Rhyddid Gwybodaeth request to Essex Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Essex Police,

This request relates to UK Legislation, specifically TM44 Air Conditioning Inspections.
Q. Are you responsible for any buildings with more than 12kw of air conditioning present?
Q. Who is the responsible person for ensuring that your buildings are inspected and reports lodged, please provide the name, address, email address and direct telephone number of the responsible person.
Q. If your TM44 Air Conditioning Inspection Certificates are in place, what is their expiry date?
Q. What was the order value of the works placed with the Company who undertook the work?
Q. How many Certificates were produced?
Q. Was the TM44 Inspector independent as required under the Regulations?
Q. Name of the Inspector or Organisation.

Yours faithfully,

Scott Davies

Data FOI Essex,

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Data Protection & Freedom of Information
Information Management
Continuous Improvement
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

 

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Data FOI Essex,

1 Atodiad

Thank you for your enquiry which has been logged under the above
reference.

Under the Freedom of Information Act we are required to reply within 20
working days.  The Act does not specify a limit to the number of
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Jessica Casey

Information Officer

Data Protection & Freedom of Information

Information Management

Continuous Improvement

Essex Police Headquarters

External Tel: 101 ext 150030

E-Mail:[email address]

Fax: 01245 452256 (int: 150045)

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[3]cid:image001.jpg@01D2F960.84E87850

dangos adrannau a ddyfynnir

Data FOI Essex,

2 Atodiad

Thank you for your enquiry which has been logged under the above
reference.

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
Sec1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at Sec1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
s17 of FOIA requires that we provide the applicant with a notice which: a)
states that fact b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

In respect of your enquiry:

Having completed my enquiries I am able to respond as follows:

In respect of Sec1(1)(a) Essex Police does hold some information relating
to your request.

In respect of Sec1(1)(b) I can advise as follows:

This request relates to UK Legislation, specifically TM44 Air Conditioning
Inspections.

Q. Are you responsible for any buildings with more than 12kw of air
conditioning present?

Yes

Q. Who is the responsible person for ensuring that your buildings are
inspected and reports lodged, please provide the name, address, email
address and direct telephone number of the responsible person.

Mr Patrick Duffy, Head of Estates, who can be contacted through our
switchboard on 01245 491491 or by email to
[1][email address]

Q. If your TM44 Air Conditioning Inspection Certificates are in place,
what is their expiry date?

Q. What was the order value of the works placed with the Company who
undertook the work?

Q. How many Certificates were produced?

Q. Was the TM44 Inspector independent as required under the Regulations?

Q. Name of the Inspector or Organisation.

In respect of you final questions the contract is in the final stages of
Tender when certificates will be renewed.

In accordance with section 17 of the Freedom of Information Act 2000
(FOIA), this part of my response serves as a formal notification of
refusal of this part your request on the basis that the exemptions given
at Section 43 (2) Commercial Interests apply to the information you seek
access to.

43 Commercial interests

(1) Information is exempt information if it constitutes a trade secret.

(2) Information is exempt information if its disclosure under this Act
would, or would be likely to, prejudice the commercial interests of any
person (including the public authority holding it).

(3) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1)(a) would, or would be likely to, prejudice
the interests mentioned in subsection (2).

1. It may harm the ability of Police Authorities to re-negotiate /
maintain current contracts to maintain the service if details of the costs
/ contract are provided. This is particularly relevant given the current
nature of the negotiations.

2. The procurement process takes a considerable time to complete (some
national and European processes take up to 3 years) and the service is
vulnerable to contractors pulling out of existing agreements, if it is
felt by the publication of costs and operating detail, that commercial
confidences have been breached.

3. An environment of uncertainty may drive current contract costs up, as
Police Authorities are likely to want to maintain current contracts and
may be at a negotiating disadvantage when competitors are able to compare
costs against other providers and decide to raise their costs. This would
reduce the overall cost effectiveness of the service and impair local
control of costs.

4. Equally, the environment of competitiveness may encourage a price war,
driving prices down. This may not be beneficial for the service provided
as it may reduce quality and effectiveness as a result.

5. The publication of costs prior to any procurement process and in the
years during the procurement process, is likely to give a considerable
marketing and negotiating advantage to some competitors over others, and
reduce the ability of the Police Service to obtain the best service for
the right price.

Section 43 (2) states that information is exempt if its disclosure under
this Act would, or would likely to, prejudice commercial interests of any
person (including the public authority holding it). Consideration has been
given to the likelihood that the release of this information would
prejudice commercial interests. Whilst it cannot be evidenced that this is
a definite factor, as the evidence of harm is largely based on future
consequence, it is considered that there is substantial and significant
risk that commercial interests would be likely to be prejudiced.

I am sorry we are unable to assist further at this time.

 

 

Steve Grayton

Senior Information Officer
Data Protection & Freedom of Information
Information Management, Continuous Improvement
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA

 

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