This is an HTML version of an attachment to the Freedom of Information request 'Council Bill - Bills of Exchange Act 1882'.

Date: Tue, 28 Aug 2018 13:22:49 +0000
Subject: Re: FOI/18/338 - Internal Review Decision
From: Kirsty Eccles <xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx>
To: foi <xxx@xxxxxxx.xxx.xx>

Dear foi,

Thanks for your response in which you stated

"Following a search of our paper and electronic records, I have established that the Council does not hold any recorded information relating to the legislation that allows Chorley Council not to adhere to the Bill of Exchange Act 1882 without breaking the law."

Thank you for finally confirming that Chorley Borough Council are breaking the law.

I shall now instruct my legal team to publish a press release.

Yours sincerely,

Kirsty Eccles

-----Original Message-----

Dear Kirsty Eccles



We refer to your email of 3 August 2018 where you requested information
about Council Bill - Bills of Exchange Act 1882

and our responses of 27 July 2018 and 3 August 2018



Further to your request for a review of our response, we have now
conducted such a review and the decision has been overturned for the
following reasons:



In accordance with the freedom of information act the Council is obliged
to provide recorded information. The guidance on the Information
Commissioner’s Office website states that:



'Recorded information includes printed documents, computer files, letters,
emails, photographs, and sound or video recordings’



The guidance also states that:



'The Act does not cover information that is in someone’s head. If a member
of the public asks for information, you only have to provide information
you already have in recorded form. You do not have to create new
information or find the answer to a question from staff who may happen to
know it'.



‘Under the Act, if you have information in your records that answers the
question you should provide it in response to the request. You are not
required to answer a question if you do not already have the relevant
information in recorded form.’



Your original request is below in blue:



Under the FoIa I wish to know if the council tax bill produced and issued
by the council conforms with the Bills of Exchange Act 1882 all recorded
information you hold is required. If your council bill does not conform
please give the reasons why.



[1]http://www.legislation.gov.uk/ukpga/Vict/45-46/61



In the link above, the Act clearly defines a Bill of Exchange in Section 3
as:



"A bill of exchange is an unconditional order in writing, addressed by one
person to another, signed by the person giving it, requiring the person to
whom it is addressed to pay on demand or at a fixed or determinable future
time a sum certain in money to or to the order of a specified person, or
to bearer."



Any "Bill" that fits this definition is then legally bound to act within
the Bills of Exchange Act 1882 irrelevant of other legislation unless the
said Statute repeals the Bill of Exchange Act in some way.



This is clearly not the case as The Local Government Finance Act 1992 has
not and does not repeal any part of the Bills of Exchange Act 1882.





In response to your request a search should have been carried out to
establish what recorded information the Council hold in relation to
whether the council tax bill produced and issued by the council conforms
with the Bills of Exchange Act 1882.



Following a search of our paper and electronic records, we have
established that the information you requested is not held by this
Authority.



The remainder of your request is a request for an opinion and not for
recorded information. i.e. ‘If your council bill does not conform please
give the reasons why’. In accordance with the guidance the Council is
under a duty to provide recorded information. The Council is not required
to answer your question if they do not already have the relevant
information in recorded form. As no relevant information is held in
recorded form the Council is not required to answer the question.



You sent a further query in relation to your FOI request and the
subsequent response via email on 3 August 2018



Your further query is below in blue



Thank you for your response in which you stated "Please note that the
Council Tax Bill is produced and issued by the Council strictly in
accordance with the Local Government Finance Act 1992 and is a demand for
payment under tax legislation."



Thus confirming my suspicions that the Council Tax Bill produced and
issued by the Council does not conform with the Bill of Exchange Act 1882
and therefore is unlawful.



Please provide me with a copy of the legislation that allows Chorley
council not to adhere to the Bill of Exchange Act 1882 without breaking
the law.



In response to your request a search should have been carried out to
establish if the Council hold recorded information relating to legislation
that allows Chorley Council not to adhere to the Bill of Exchange Act 1882
without breaking the law.



Following a search of our paper and electronic records, I have established
that the Council does not hold any recorded information relating to the
legislation that allows Chorley Council not to adhere to the Bill of
Exchange Act 1882 without breaking the law.





If you remain dissatisfied with our decision, you can appeal to the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or by e-mail to
[2][email address]



Yours sincerely





FOI



Chorley Borough Council



01257 515151





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References

Visible links
1. http://www.legislation.gov.uk/ukpga/Vict/45-46/61
2. mailto:[email address]

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