The Council of The Borough Of Milton Keynes

Paul-brian made this Freedom of Information request to Milton Keynes Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn rhannol lwyddiannus.

Dear Milton Keynes Council,

Can you please tell me if 'The Borough of The Council of Milton Keynes' is still in existance? Has it merged or has it changed names?

If 'The Borough of The Council of Milton Keynes' is still in existance can you tel me how it is registered, example is it a limited liability or is it a LLC Limited Liability Comapany?

Could you please provide the registration number.

Yours faithfully,

Paul-brian

Freedom of Information Act, Milton Keynes Council

Dear Paul-Brian

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - INTERNAL REFERENCE 306473

Your request for information has now been considered. Milton Keynes Council is responsible for the provision of local government services in the Milton Keynes area. Milton Keynes Council became a Unitary Authority on 1 April 1997 by Statutory Instrument (1995 No 1765 - The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 made on 11 July 1995).

If you have a complaint about the handling of your request then please contact me within the next 40 working days and I’ll arrange for an internal review which will be considered as part of Stage 2 of the Council’s complaints procedure.

You also have a right of appeal to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
www.ico.org.uk

Best Regards
Freedom of Information Team

dangos adrannau a ddyfynnir

Dear FOI Team,
Thank you for your quick reply. Sadly you have not answered any of the information requested.

1. Is 'The Borough of The Council of Milton Keynes' still in existance?
2. Has The Milton Keynes Council changed its name or merged from The Borough of The Council of Milton Keynes.
3. I have seen documents signed by The Borough of The Council of Milton Keynes with the THE COMMON SEAL of the COUNCIL OF THE BOROUGH OF MILTON KEYNES.
4. Is The Borough of The Council of Milton Keynes a LLP or a PLLP or is it a Corporation?
5. Where is the The Borough of The Council of Milton Keynes registered?
4. Is The Milton Keynes Council a LLP or a PLLP or is it a Corporation?
5. Where is The Milton Keynes Council registered?

I look forward to hearing from you soon.

Yours sincerely,

Paul-brian

Freedom of Information Act, Milton Keynes Council

Dear Paul-Brian

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - INTERNAL REFERENCE 306508

I acknowledge your request for information. Please note that your 3 emails of 12/01/2020 and 13/01/2020 have been logged as 1 request.

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 reference to a third party.

Please be aware that the Act defines a number of exemptions which may prevent release of the information you have requested. In the event that an exemption category applies information may 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.

Best Regards
Freedom of Information Team

dangos adrannau a ddyfynnir

Freedom of Information Act, Milton Keynes Council

Dear Paul-Brian

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - INTERNAL REFERENCE
306508

 

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

1.       Is 'The Borough of The Council of Milton Keynes' still in
existence? The information you’ve requested can be found within the
legislation available via
[1]http://www.legislation.gov.uk/uksi/1995/.... This email therefore
constitutes a refusal notice under Section 17 of the Freedom of
Information Act and exemption under Section 21 of the Act is being
applied, namely the information is accessible by other means.

2.       Has The Milton Keynes Council changed its name or merged from The
Borough of The Council of Milton Keynes. The information you’ve requested
can be found within the legislation available via
[2]http://www.legislation.gov.uk/uksi/1995/.... This email therefore
constitutes a refusal notice under Section 17 of the Freedom of
Information Act and exemption under Section 21 of the Act is being
applied, namely the information is accessible by other means.

3.       I have seen documents signed by The Borough of The Council of
Milton Keynes with the THE COMMON SEAL of the COUNCIL OF THE BOROUGH OF
MILTON KEYNES. This is a comment not a question.

4.       Is The Borough of The Council of Milton Keynes a LLP or a PLLP or
is it a Corporation? The Council is a body incorporated and created by
law. Further details can be found within the Local Government Act 1972.

5.        Where is The Borough of The Council of Milton Keynes registered?
The Council is a body incorporated and created by law. Further details can
be found within the Local Government Act 1972.

6.       Is The Milton Keynes Council a LLP or a PLLP or is it a
Corporation? The Council is a body incorporated and created by law.
Further details can be found within the Local Government Act 1972.

7.       Where is The Milton Keynes Council registered? The Council is a
body incorporated and created by law. Further details can be found within
the Local Government Act 1972.

I am seeing online documents signed and sealed with the Common Seal of The
Council of the Borough of Milton Keynes. In particular a document:

TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT ) ORDER 1995
AMENDED. DIRECTION MADE UNDER ARTICLE 4 (1) TO WHICH ARTICLE 6 APPLIES.

To help you find the document here is the link
[3]https://www.milton-keynes.gov.uk/plannin...

First signed and sealed on the 29th December 2010.

Second signed and sealed on the 28th June 2011

8.       The seal was affixed to the direction in the Presence of
Principle Solicitor. Who was the principle solicitor who signed the
document, what is His/Her name? Ifty Ali

It was confirmed under the the Common Seal of the Council of the Borough
of Milton Keynes on the 28th June 2011.

9.       The Common Seal of the Council was affixed to the Direction in
the presence of Assistant Director - Law of 'unreadable'  Who was the
assistant who signed the document what is His/Her  name and what was the
title of the signature?  Philip McCourt, Assistant Director of Law &
Governance

Both seals are visibly different, there can only be one Common Seal.

10.   Which seal is the Common Seal of the Council of the Borough of
Milton Keynes? is it the Seal affixed on the 29th December 2010 or the
Seal affixed on the 28th June 2011? – The seals are not different. The red
discs used vary (spiky edges or not) but the seal is in the sealing
machine held with us. Essentially it just embosses the seal of the council
onto that disc.

11.   Can you provide a copy of the seal, or where can I inspect the
seal?  As the seal is provided by a machine it is possible to view the
machine but the seal is not visible.

 

If you have a complaint about the handling of your request then please
contact me within the next 40 working days and I’ll arrange for an
internal review which will be considered as part of Stage 2 of the
Council’s complaints procedure.

 

You also have a right of appeal to the Information Commissioner at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow 

Cheshire 

SK9 5AF

Tel: 0303 123 1113

[4]www.ico.org.uk

 

Best Regards

Freedom of Information Team

 

Visit the Milton Keynes Council web site at https://www.milton-keynes.gov.uk

Any personal data will be processed in line with the Data Protection legislation, further details at https://www.milton-keynes.gov.uk/privacy

Please consider the environment and don't print this email unless you really need to

**** This email and any attachments hereto are strictly confidential and intended solely for the addressee. It may contain information which is privileged. If you are not the intended addressee, you must not disclose, forward, copy or take any action in reliance of this email or attachments. If you have received this email in error, please delete it and notify us as soon as possible.

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References

Visible links
1. http://www.legislation.gov.uk/uksi/1995/...
2. http://www.legislation.gov.uk/uksi/1995/...
3. https://www.milton-keynes.gov.uk/plannin...
4. http://www.ico.org.uk/

Dear Freedom of Information Act,

Thank you for your quick reply. The reason for this request of information is purely to understand how the management and governance of Milton Keynes and the borough works between the governing bodies. This request is in no way frivolous or vexatious. It is an honest request for information that will enable me to understand how Milton Keynes operates..

I requested information on The Council of the Borough of Milton Keynes and you provided a link and at the same time invoked a refusal of notice under section 17 and 21 of the FOI act saying the information is accessible by other means.
1995 No. 1769 LOCAL GOVERNMENT, ENGLAND AND WALES. The Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995.
There is no mention in this Order of the creation of ''The Council of the Borough of Milton Keynes’ by name and therefore the information is not accessible by other means.

I have searched on Companies House and The Council of the Borough of Swindon and The Council of the Borough of Bournemouth and other boroughs are searchable on companies register, but not The Council of the Borough of Milton Keynes. This is making it very difficult to understand more about The Council of the Borough of Milton Keynes requiring, my request for more information.

1. Could you please provide me with the registration of The Council of the Borough of Milton Keynes.
2. Is The Council of the Borough of Milton Keynes a LLP, PLLP, LTD, or other?

3. Under THE COMPANIES ACT 2006 I request a copy of the register of its members.
113 Register of members . (1) (1)Every company must keep a register of its members.
116 Rights to inspect and require copies.
(2) Any person may require a copy of a company's register of members, or of any part of it, on payment of such fee as may be prescribed.
(b) of any other person on payment of such fee as may be prescribed.
Please inform me of the fee, if any required.

4. Under THE COMPANIES ACT [F1PART 21A Information about people with significant control.
CHAPTER 1 790A (c) Chapter 3 requires companies to keep a register, referred to as a register of people with significant control over the company, and to make the register available to the public.
Please can you provide me with the register.

5. Under THE COMPANIES ACT 811 Rights to inspect and require copy of entries
(1)The register required to be kept under section 808 (register of interests disclosed), and any associated index, must be open to inspection by any person without charge.
(2)Any person is entitled, on request and on payment of such fee as may be prescribed, to be provided with a copy of any entry in the register
Please inform me of the fee, if any required.

6. Part 43 Transparency obligations and related matters. Please provide information.
89B Provision of vote holder information
1)Transparency rules may make provision for vote holder information in respect of voting shares to be notified, in circumstances specified in the rules—
(b)to the public,

7. Common Seal 'The Council of the Borough of Milton Keynes'.
I understand that the foil can be different but the Common Seal embossing on the website scan is virtually unreadable and unrecognisable and what is visible looks different. This could be the poor scan or could be in violation of:
Companies Act 2006
45 Common seal
(2) A company which has a common seal shall have its name engraved in legible characters on the seal.
(3) If a company fails to comply with subsection (2) an offence is committed by—
(a) the company, and
(b) every officer of the company who is in default.
(4) An officer of a company, or a person acting on behalf of a company, commits an offence if he uses, or authorises the use of, a seal purporting to be a seal of the company on which its name is not engraved as required by subsection (2).
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Please make available a copy of the seal that is legible.

8. Companies act 2006
47 Execution of deeds or other documents by attorney
Was Ifty Ali granted Power of attorney by The Council of the Borough of Milton Keynes?
What was the relationship between Ifty Ali and The Council of the Borough of Milton Keynes?
How can the signature be verified and confirmed as the signature of Ifty Ali?

9. Companies act 2006
47 Execution of deeds or other documents by attorney
Was Philip McCourt, Assistant Director of Law &
Governance granted Power of attorney by The Council of the Borough of Milton Keynes?
Director of Law & Governance: Is this a department of Milton Keynes Council or is it a private Law firm?
How can the signature be verified and confirmed as the signature of Philip McCourt?

Yours sincerely,

Paul-brian

Yours sincerely,

Paul-brian

Freedom of Information Act, Milton Keynes Council

Dear Paul-brian

FREEDOM OF INFORMATION ACT 2000 – INTERNAL REVIEW

I acknowledge your request for an internal review in relation to the response you received to your Freedom of Information request reference 306508. I understand the main points of your complaint to which you would like further investigation is that we have advised the data is available online.

You will receive a response in no later than 20 working days however we will of course respond as soon as possible.

Best Regards
Freedom of Information Team

dangos adrannau a ddyfynnir

Dear Freedom of Information Act,

NOTICE: I DID NOT REQUEST AN INTERNAL REVIEW - FREEDOM OF INFORMATION ACT 2000 / 306508.

I stated that the information I requested such as the registration number of The Council of the Borough of Milton Keynes, was not avaiable elsewhere as you stated. You have a legal obligation to provide this information, information that you have in your possession. I am puzzled as to why you are making such a simple request so difficult to aquire, it would take a matter of seconds to type the registration number and registered address. I am struggling to understand why you (incorrectly) would immediatley invoke refusal notice under Section 17 and 21 of the Freedom of Information Act? It is all very suspicious.

s17 Refusal of request.
Claim that information is exempt information. This information is not exempt.
You did not
(a) states that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption applies.

s 21 Information accessible to applicant by other means.
(a)information may be reasonably accessible to the applicant even though it is accessible only on payment,
It is clear that the information requested is not available by other means such as registration number, copy of the common seal, memebrs list, etc Att: s77 (3)

Freedom of Information Act 2000
(1) Any person making a request for information to a public authority is entitled—
(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b ) if that is the case, to have that information communicated to him.

s77
(1)Where—
(a)a request for information has been made to a public authority, and
(b) under section 1 of this Act F1... the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
Any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2)Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale Criminal Justice Act 1982

You are in violation of 'The Nolan Principle' 5 Openness.
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

The Companies (Company Records) Regulations 2008
Part 3
Inspection: public company
5. A public company shall make its company records available for inspection for at least 2 hours between 9 am and 5 pm on each working day.
Right to hard copy
7. Where a company is requested to provide a copy of a company record in hard copy form, the company shall provide that copy in hard copy form.

Legal requests made under the companies act 2006.
I would like to draw your attention to:
117 Register of members: response to request for inspection or copy
(1) Where a company receives a request under section 116 (register of members: right to inspect and require copy), it must within five working days either—
(a) comply with the request, or
(b) apply to the court.
(2) If it applies to the court it must notify the person making the request.

The requets was made on 12/1/2020

I also draw your attention to Companies Act 2006
45 Common seal.
If the Common Seal for The Council of the Borough of Milton Keynes, is as shown on the website, simply a poor quality scan, then I would like you to make available a copy that is legible (as is the law) for review. If on the other hand, the seal does not comply with s45 then it is an offence by every officer of the company under the Criminal Justice Act 1982.

It would be lot easier if you were to simply comply with my FOI request and send me the information I am legally entitled to without delay.

Yours sincerely,

Paul-brian

Dear Freedom of Information Act,

Would you please let me know if you will be providing me with my freedom of information request.

Yours sincerely,

Paul-brian

Freedom of Information Act, Milton Keynes Council

Dear Paul-brian

I note that your request was received on 17/01/2020. MKC are therefore still within the statutory timescale of 20 working days.

We will respond to your request within the statutory timescales.

Best Regards

Freedom of Information Team

dangos adrannau a ddyfynnir

Hulatt, Katrina, Milton Keynes Council

Dear Sir,

 

I have reviewed your original request and our response and I believe that
the response provided to you was correct. Your request for an internal
review has therefore not been upheld.

 

1. Could you please provide me with the registration of The Council of the
Borough of Milton Keynes. This information is not held

2. Is The Council of the Borough of Milton Keynes a LLP, PLLP, LTD, or
other? Legal entity under the Local Government Act 1972 and other
statutory instrument

3. Under THE COMPANIES ACT 2006 I request a copy of the register of its
members. This information is not held

Please make available a copy of the seal that is legible.

47 Execution of deeds or other documents by attorney Was Ifty Ali granted
Power of attorney by The Council of the Borough of Milton Keynes?

What was the relationship between Ifty Ali and The Council of the Borough
of Milton Keynes? Principal Solicitor employed by the Local Authority

How can the signature be verified and confirmed as the signature of Ifty
Ali? Copies held on file during employment

47 Execution of deeds or other documents by attorney Was Philip McCourt,
Assistant Director of Law & Governance granted Power of attorney by The
Council of the Borough of Milton Keynes?

Director of Law & Governance: Is this a department of Milton Keynes
Council or is it a private Law firm? It is a department of MKC

How can the signature be verified and confirmed as the signature of Philip
McCourt? Copies held on file during employment

MKC’s refusal notice did include reference to being a refusal under
Section 17 and that an exemption under Section 21 was applied as the
information is accessible by other means.  Section 77 is engaged in cases
where information is altered, defaced, blocked, erased, destroyed or
concealed following a request for that information. Section 77 is not
applicable to this case.

Please make available a copy of the seal that is legible. You are welcome
to come in and view the seal. Providing a copy is not appropriate.

The Nolan Principles do apply, however since the Local Authority is not a
company or other structure the information you seek simply doesn’t exist.

 

You also have a right of appeal to the Information Commissioner at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Tel: 0303 123 1113, Fax: 01625 524510, [1]www.ico.org.uk

 

Kind regards

 

Katrina Hulatt

Acting Head of Legal Services

Milton Keynes Council  | Civic Offices | 1 Saxon Gate East | Central
Milton Keynes | MK9 3EJ

[2]www.milton-keynes.gov.uk

 

Visit the Milton Keynes Council web site at https://www.milton-keynes.gov.uk

Any personal data will be processed in line with the Data Protection legislation, further details at https://www.milton-keynes.gov.uk/privacy

Please consider the environment and don't print this email unless you really need to

**** This email and any attachments hereto are strictly confidential and intended solely for the addressee. It may contain information which is privileged. If you are not the intended addressee, you must not disclose, forward, copy or take any action in reliance of this email or attachments. If you have received this email in error, please delete it and notify us as soon as possible.

The anti-virus software used by Milton Keynes Council is updated regularly in an effort to minimise the possibility of viruses infecting our systems. However, you should be aware that there is no absolute guarantee that any files attached to this email are virus free.****

References

Visible links
1. http://www.ico.org.uk/
2. http://www.milton-keynes.gov.uk/