17 Smith Square
T: 03459 33 55 77
Our ref: FOI2021/12187
2 June 2021
Dear P Smith,
REQUEST FOR INFORMATION: Draft Navigation Byelaws
Thank you for your request for information of 4 May 2021 about the draft navigation
byelaws. We have handled your request under the Freedom of Information Act 2000
Your information request and our response are set out below. Please treat this request for information as a request under the Freedom of Information Act
2000. Please provide the following information:
1. The date that the Middle Level Commissioners Draft Navigation Byelaws 2019 were
confirmed or the date that they are expected to be confirmed.
The Middle Level Commissioners navigation byelaws were confirmed by Ministers on 28
2. All correspondence between the Department for Environment, Food and Rural
Affairs (DEFRA) and the Middle Level Commissioners regarding the confirmation of
We enclose a copy of the information you requested:
• 36 pieces of correspondence between Defra and the Middle Level Commissioners
during the period 25 June 2020 to 5 May 2021, consisting of 35 email exchanges
and one formal letter, plus 19 documents attached to various of the emails. Copies
are enclosed with this letter.
After careful consideration we have decided that the names, roles and contact details of
junior staff and contact details of all staff should be withheld under sections 40(2) and
40(3A) of the FOIA as the information constitutes personal data relating to persons other
than you. These sections exempt personal information from disclosure if that information
relates to someone other than the applicant, and if disclosure of that information would
breach any of the data protection principles in Article 5(1) of the General Data Protection
We consider that disclosure of this information is likely to breach the first data protection
principle, which provides that personal data must be processed lawfully, fairly, and in a
transparent manner. Disclosure would not constitute 'fair' processing of the personal data
because the junior staff involved would not reasonably expect their names, roles and
contact details to be disclosed in relation to this request for information, and equally the
senior members of staff would not reasonably expect their contact details to be disclosed
in relation to this request.
Information disclosed in response to this FOIA request is releasable to the public. In
keeping with the spirit and effect of the FOIA and the government’s Transparency Agenda,
this letter and the information disclosed to you may be placed on GOV.UK,
any related information that will provide a key to its wider context. No information
identifying you will be placed on the GOV.UK website.
We attach Annex A, explaining the copyright that applies to the information being released
to you, and Annex B giving contact details should you be unhappy with the service you
If you have any queries about this letter, please contact me.
Yours sincerely Guy Mawhinney
Information Rights Team
The information supplied to you continues to be protected by copyright. You are free to
use it for your own purposes, including for private study and non-commercial research,
and for any other purpose authorised by an exception in current copyright law. Documents
(except photographs or logos) can be also used in the UK without requiring permission for
the purposes of news reporting. Any other re-use, for example commercial publication,
would require the permission of the copyright holder.
Most documents produced by Defra will be protected by Crown Copyright. Most Crown
copyright information can be re-used under the Open Government Licence. Fo
information about the OGL and about re-using Crown Copyright information please see The National Archives website.
Copyright in other documents may rest with a third party. For information about obtaining
permission from a third party see the Intellectual Property Office’s website.
If you are unhappy with the service you have received in relation to your request you may
make a complaint or appeal against our decision under section 17(7) of the FOIA or under
regulation 11 of the EIRs, as applicable, within 40 working days of the date of this letter.
Please write to Andrew Mobsby, Head of Information Rights via email at email@example.com and
he will arrange for an internal review of your case.
Details of Defra’s complaints procedure are on our website.
If you are not content with the outcome of the internal review, section 50 of the FOIA and
regulation 18 of the EIRs gives you the right to apply directly to the Information
Commissioner’s Office (ICO) for a decision. Please note that generally the ICO cannot
make a decision unless you have first exhausted Defra’s own complaints procedure.
The ICO’s offices are currently closed so please visit their website on how to contact them
during this period, here:
Additionally if you wish to make a complaint to the ICO please use the following link: https://ico.org.uk/make-a-complaint/official-information-concerns-report/official-information-