Department for Communities and Local
Government
Fry Building
2 Marsham Street
London
SW1P 4DF
Telephone: 030 3444 0000
Joel Benjamin
Date: 10 May
2016
Dear Sir
Freedom of Information Act 2000 -
2292803
Thank you for your request for information which was received on 8 April 2016.
You requested:
A) Please provide a full list and details of submissions to consultation
on (Capital Finance and Accounting) (Amendment) (England Regulations 2007
[Statutory Instrument No. 2007/573]
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/25198
6/2007.pdf
B) Additionally, please explain why the following action: 6.12, was not actively
pursued by DCLG - despite being considered "urgent" at the time, in 2007..? "The
consultation exercise indicated that certain other issues associated with the new
rules on financial instruments were not dealt with in the draft regulations and could
adversely affect revenues in 2007-08. These were:
- stepped interest loans - also known as LOBO (Lender's Option Borrower's
Option) loans - ie loans with initially low interest rates taken out by authorities
- guarantees given by authorities.
There was no opportunity to address these issues in the final regulations. However,
we are urgently exploring them in liaison with the LGA, CIPFA and the Audit
Commission, with a view to the possible making of further regulations before the end
of the financial year 2007-08, which would apply to that year.
This request has been considered under the Freedom of Information Act 2000.
I am writing to inform you that we have searched our records and can confirm that
some of the information you requested is held by Department for Communities and
Local Government. We hold a range of internal communications in regard to part A
of your request and these will be provided. Please note that some of the information
in these has been redacted as this information falls under the exemption in sections
40(2) and 40(3)(a)(i) of the FOIA, which relates to the personal data of which the
applicant is not the data subject. Section 40(2) of the FOIA provides that personal
data relating to other persons is exempt information if disclosure would breach the
TEMPLATE FRAMEWORK – NOT TO BE USED FOR SUBMISSION
OF DRAFT ANSWERS
Data Protection Act 1998 (DPA), and some parts of what are providing have
therefore been redacted. We do not consider that part B of your request constitutes a
Freedom of Information request and have not therefore actioned it as such. I am, in
any case, informed by officials that, given the time elapsed since 2007, no
information on this matter is held.
I am sending copies of the information that is held to you separately due to their size.
Complaints procedure
If you are unhappy with this response, we will review it and report back to you. (This
is called an internal review.) If you want us to do this, let us know by return email
within two months of receiving this response. You can also ask by letter addressed
to:
Department for Communities and Local Government
Knowledge and Information Access Team
1st Floor NW, Fry Building
2 Marsham Street
London, SW1P 4DF
If you are unhappy with the outcome of this internal review, you can ask the
independent Information Commissioner to investigate. The Information
Commissioner can be contacted at email address
xxxxxxxx@xxx.xxx.xx or use their
online form at
ico.org.uk/concerns or call them on 0303 123 1113.
Yours faithfully
Andrew Lock
FoI Business partner - Localism
1st floor Fry
2 Marsham Street
London
Tel: 020333 42137
Email: xxxxxx.xxxx@xxxxxxxxxxx.xxx.xxx.xx