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

TV Licensing policy for dealing with instructions made under the Human Rights Act and the Land Reform (Scotland) Act

We're waiting for Patrick Fischer to read recent responses and update the status.

Dear British Broadcasting Corporation,

At the time of your semi-recent policy change re: WOIRA in Scotland (see RFI20150609), you mention that TV Licensing would no longer be honoring WOIRA requests from Scottish residents due to legal advice you had been given about the civil tort of tresspass in Scottish law.

However, I would like to know what your policies are, and what advice or guidelines you have recorded, regarding two related acts of law which Scottish occupiers may use to restrict access to their properties.

These acts are:

1) The Land Reform (Scotland) Act 2003. I highlight Section 6 (1)(b)(iv) which defines private homes and gardens as “land over which access rights not exercisable”

2) Article 8 of the Human Rights Act 1998, which provides "right to respect for private and family life" and specifically states that "there shall be no interference by a public authority with this right"

Specifically, with reference to your internal policy documents, guidelines, training manuals, legal counsel records, emails etc., I would like to know:

i) What information TV Licensing has been given regarding the above two acts in general;
ii) How TV Licensing deals with occupiers who instruct that they wish to be excluded from any form of contact with TV Licensing under those acts; and
iii) If there are any records of occupiers having successfully removed access rights from TV Licensing under those acts

Yours faithfully,

Patrick Fischer

FOI Enquiries, British Broadcasting Corporation

Dear Mr Fischer,

Thank you for your freedom of information request, received on 10 August 2017. We will deal with your request as promptly as possible, and at the latest within 20 working days. If you have any queries about your request, please contact us at the address below.

The reference number for your request is RFI20171205.

Kind regards

The Information Policy & Compliance Team
Workplace & Information Rights, BBC Legal
BC2 A5, Broadcast Centre
201 Wood Lane
London W12 7TP

www.bbc.co.uk/foi
Email: [BBC request email]

FOI Enquiries, British Broadcasting Corporation

1 Atodiad

Dear Patrick Fischer,
                                            
Please find attached the response to your request for information, reference RFI20171205.

Yours sincerely

BBC Information Rights
Room BC2 A4
Broadcast Centre
White City
London
W12 7TS
UK

Website: www.bbc.co.uk/foi
Email: mailto:[BBC request email]

Dear British Broadcasting Corporation,

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

I am writing to request an internal review of British Broadcasting Corporation's handling of my FOI request 'TV Licensing policy for dealing with instructions made under the Human Rights Act and the Land Reform (Scotland) Act'.

I asked about information you hold regarding The Land Reform (Scotland) Act 2003. In your reply, you claim "legal professional privilege" as justification for not disclosing that information.

It is my understanding that such legal privilege only covers communications between a client and the lawyer for the purposes of obtaining advice. The courts have previously ruled that when the client is an organisation the "client" is only those people who are authorised to obtain legal advice on its behalf (e.g. in house lawyers, board members or specific committees), not the entire organisation. If legal advice is shared outside the part of the organisation that is the client is loses its privilege.

I would therefore like the information to be disclosed.

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

Yours faithfully,

Patrick Fischer

FOI Enquiries, British Broadcasting Corporation

Dear Patrick Fischer,

We have received your request for an internal review relating to our response to your information request under the Freedom of Information Act 2000. Your request for an internal review was received on 29 September 2017. We shall deal with the review as promptly as possible and, at the latest, within 20 working days. If you have any queries please contact us at the address below.

The reference number for your internal review is IR2017072.

BBC Information Rights
BC2 A4, Broadcast Centre
201 Wood Lane
London, W12 7TP

Website: www.bbc.co.uk/foi/
Email: [BBC request email]
Tel: 020 8008 2882
Fax: 020 8008 2398

FOI Enquiries, British Broadcasting Corporation

1 Atodiad

Dear Mr Fischer

 

 

Please find attached your internal review request for your Freedom of
Information request (RFI20171205/ IR2017072).

 

 

 

BBC Information Rights

 

BC2 A4, Broadcast Centre

 

201 Wood Lane

 

London W12 7TP

 

 

 

Website: [1]www.bbc.co.uk/foi

 

Email: [2][BBC request email]

 

 

 

 

 

 

 

References

Visible links
1. http://www.bbc.co.uk/foi
2. mailto:[BBC request email]

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

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