Statutory duties under the Transport Act 1968

Response to this request is long overdue. By law, under all circumstances, Department for Environment, Food and Rural Affairs should have responded by now (details). You can complain by requesting an internal review.

Dear Department for Environment, Food and Rural Affairs,

I refer to Section 12.4 and 12.5 the Memorandum of Understanding between the Secretary of State for Environment, Food and Rural Affairs and Canal & River Trust

12.4 CRT is successor to statutory duties under the Transport Act 1968 to maintain certain of the waterways in its care (those classified as either commercial or cruising waterways under the provisions of that Act) to specified statutory dimensions. BW (as its predecessor in respect of those statutory duties)had been subject to a long standing ministerial direction that in its management of such waterways it should maintain to such dimensions as reflected their use and prospects of use. It was further understood between BW and Government that, in the event of enforcement of the statutory dimensions in circumstances that did not reflect use and prospects of use,Government would exercise its powers under the Transport Act 1968 to revise those dimensions so that they reflected actual use and prospects of use.

12.5 Defra confirms to CRT its intention that the maintenance of statutory dimensions of the classified waterways should continue to reflect actual use and prospects of use.

Also I refer to CRT's last published Annual Report which states that £134.7m was spent on waterway operation, maintenance and repair but only £7.2m of this sum spent on dredging which would allow statutory dimensions to be maintained.

Please provide for each of CRT's commercial and cruising waterways -

- Statutory dimensions in force when when CRT took over responsibility from British Waterways.

- Maps or other recorded information showing main or other navigable channels to which these statutory dimensions apply.

- Any changes to statutory dimensions since CRT took over BW's responsibilities.

- Any information held regarding changes in use or prospects of use since 2012.

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs

Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Defra Information Rights Team,

Dear Allan Richards,

Thank you for your email of 25 July, requesting information on Freedom of
Information request - Statutory duties under the Transport Act 1968.

We aim to answer your request no later than 25th August, which is 20
working days from the date we received it. If we are unable to meet this
deadline we will contact you to explain the reason.

If you have any queries about this letter please contact us.

Yours sincerely

Hester Smith

Information Rights Team

[email address]

SM-Defra-Information Requests (DEFRA), Department for Environment, Food and Rural Affairs

Dear Allan Richards,

 

Following on from our acknowledgment below there seems to be an error in
the calculation of the 20 working days, this should read 24 August 2020,
apologies for the inconvenience.

 

Kind regards

 

 

Information Rights Team

Department for Environment, Food and Rural Affairs

 

Email: [1]Information [email address]

Address: Area 1E, Nobel House, 17 Smith Square, London SW1P 3JR

 

 

 

 

From: Defra Information Rights Team [mailto:[email address]]
Sent: 27 July 2020 12:24
To: [FOI #679714 email]
Subject: Request acknowledgement: Freedom of Information request -
Statutory duties under the Transport Act 1968 (FOI2020/19391)

 

Dear Allan Richards,

Thank you for your email of 25 July, requesting information on Freedom of
Information request - Statutory duties under the Transport Act 1968.

We aim to answer your request no later than 25th August, which is 20
working days from the date we received it. If we are unable to meet this
deadline we will contact you to explain the reason.

If you have any queries about this letter please contact us.

Yours sincerely

Hester Smith

Information Rights Team

[2][email address]

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear Department for Environment, Food and Rural Affairs,

I am still awaiting a response to this request.

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs

Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Defra Information Rights Team,

1 Attachment

Dear Mr Richards,

Please find attached the response to your request of 25th July for
information on Statutory duties under the Transport Act 1968.

Yours sincerely

Guy Mawhinney

Information Rights Team

[email address]

Dear Department for Environment, Food and Rural Affairs,

My understanding is that Canal & River Trust carries out some of the functions of a public authority and is treated as such under EIR and FOI.

I would therefore ask you to clarify your response. Can you please confirm to the best of your knowledge that this information is not held by the trust.

Alternatively, please direct this request to them.

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs

Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

SM-Defra-Information Requests (DEFRA), Department for Environment, Food and Rural Affairs

Dear Mr Richards,

 

As far as we are concerned your information request (our reference number
FOI2020/19391) in relation to this matter is now closed. Should you wish
to contact the Canal and River Trust then you can do so using the contact
details on the following webpage:
[1]https://canalrivertrust.org.uk/contact-u...

 

Kind regards

 

 

Information Rights Team

Department for Environment, Food and Rural Affairs

 

Email: [2]Information [email address]

Address: Area 1E, Nobel House, 17 Smith Square, London SW1P 3JR

 

 

 

 

show quoted sections

Dear Department for Environment, Food and Rural Affairs,

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

I am writing to request an internal review of Department for Environment, Food and Rural Affairs handling of my FOI request 'Statutory duties under the Transport Act 1968'.

My understanding is that you have a duty to assist me with this request. As such I would expect you to address a simple request for clarification of your response in a responsible manner.

I wish the reviewing officer to limit the scope of the review to my request for clarification dated 28 August 2020 and your response to it -

- Confirm that CRT is a public authority under EIR.

- State if Defra checked if CRT held the information.

- If CRT did hold this information, explain why this request was not forwarded as required rather that claiming that it was not held by a public authority.

- Take the appropriate action as required by EIR.

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

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs

Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Defra Information Rights Team,

Dear Mr Richards,

Thank you for your email of 28th August, which we received on 28 August,
requesting an Internal Review into the response to your request for
information on Statutory duties under the Transport Act 1968.

We aim to answer your request no later than 27th October, which is 40
working days from the date we received it. If we are unable to meet this
deadline we will contact you to explain the reason.

If you have any queries about this letter please contact us.

Yours sincerely

Guy Mawhinney

Information Rights Team

[email address]

Dear Department for Environment, Food and Rural Affairs,

My understanding is that the Information Commissioner expects you to respond promptly and in any case within 20 days where a request for review is not complex. I do not believe this request for review is complex as it simply deals with your failure to address a very simple request for clarification.

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs

Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Dear Department for Environment, Food and Rural Affairs,

I beg to remind you that I am still awaiting a response.

I provide the following link which may be of interest/use -

https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Allan Richards

SM-Defra-Helpline, Defra (MCU), Department for Environment, Food and Rural Affairs



Thank you for your email to the Department for Environment, Food & Rural
Affairs. We have a target of replying to emails within 20 working days
where a response is required, and 20 working days where a case is handled
under the Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.

 

Please be aware that we are receiving a high number of correspondence
during the COVID-19 outbreak which may mean a delay in response times.

 

If you need a reply before then, please call the Defra Helpline on 03459
33 55 77, or visit
[1]https://www.gov.uk/government/organisati...
as information is updated regularly.

 

If your enquiry is related to COVID- 19, please check our guidance page
first before you contact us -
[2]https://www.gov.uk/search/guidance-and-r...

 

If you or someone you are contacting us on behalf of are currently at risk
of serious harm or in a life threatening situation, please contact the
emergency services:

 

999 for emergencies

101 non-emergency police line

111- NHS

 

If you suspect a notifiable animal disease or have animal welfare
concerns, please report these to the Animal and Plant Health Agency (APHA)
immediately. Failure to report a notifiable animal disease is an offence.
APHA can be contacted using the following details:

·         England: 03000 200301 or [3][email address]

·         Wales: 03003 038268 or [4][email address]

·         Scotland: [5][email address]

 

We receive thousands of identical emails each month from organised
campaigns. Ministers and officials are made aware of these campaigns, but
unfortunately we cannot reply to each email individually.

 

Best wishes,

Ministerial Contact Unit

 

Department for Environment, Food and Rural Affairs (Defra) This email and
any attachments is intended for the named recipient only. If you have
received it in error you have no authority to use, disclose, store or copy
any of its contents and you should destroy it and inform the sender.
Whilst this email and associated attachments will have been checked for
known viruses whilst within Defra systems we can accept no responsibility
once it has left our systems. Communications on Defra's computer systems
may be monitored and/or recorded to secure the effective operation of the
system and for other lawful purposes.

References

Visible links
1. https://www.gov.uk/government/organisati...
2. https://www.gov.uk/search/guidance-and-r...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]

Dear Department for Environment, Food and Rural Affairs,

I am still awaiting a response to this request for review.

Yours faithfully,

Allan Richards

Defra Information Rights Team,

1 Attachment

Dear Mr Richards,

Please find attached the response to your request for an internal review
of 28th August for information on Statutory duties under the Transport Act
1968.

Yours sincerely

Guy Mawhinney

Information Rights Team

[email address]