A Question of Authority

The request was partially successful.

Dear Wigan Borough Council,

1. Does Wigan Council recognise the Person commonly known as Her Majesty Queen Elizabeth as being a citizen of the European Union?

2. If not, by what title do you currently recognise this Person?

3. What is Wigan Council's interpretation of the legal and lawful authority of the above-mentioned Person in matters where Wigan Council is affected?

4. From which source of authority does Wigan Council assume it has authority to trade and do business?

Yours faithfully,

R Austin

Wigan Metropolitan Borough Council

Please quote ID 1982 on all correspondence/emails/faxes

Dear Sir

I am emailing to confirm the receipt of your recent FOI request to Wigan
Council.

We will respond as soon as possible and in any case no later than 9th
December 2010, which is 20 working days after the receipt of your
request.

If you have any comments or questions in the meantime, please direct
them to [Wigan Borough Council request email], or at Wigan Council, Town Hall, Library
Street, Wigan WN1 1YN.

Your contact is Sharon Crippin, Email [email address], Telephone
No. 01942 827002

Regards

Davina Rumsey
Legal Clerk
Business Support Services
Legal and Democratic Division
Wigan Council
Town Hall
Library Street
Wigan
WN1 1YN

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Wigan Metropolitan Borough Council

Dear Sir
Thank you for your request for information received on 11th November 2010
concerning 'A Question of Authority'. This request has been handled under
the Freedom of Information Act 2000.

Your request and our response (blue) is outlined below.
1. Does Wigan Council recognise the Person commonly known as Her
Majesty Queen Elizabeth as being a citizen of the European Union? I
have been unable to locate any document to show that this question has
ever been considered by Wigan Council.

2. If not, by what title do you currently recognise this Person?
It is documented that Wigan Council recognises the person you refer
to by the title "Her Majesty the Queen Elizabeth 2".

3. What is Wigan Council's interpretation of the legal and lawful
authority of the above-mentioned Person in matters where Wigan
Council is affected? I have been unable to locate any document to show
that this question has ever been considered by Wigan Council.

4. From which source of authority does Wigan Council assume it has
authority to trade and do business? Wigan Council was created by the
Local Government Act 1972. A lot of its powers come from the Local
Government Act 1972 and the Local Government Act 2000. However,
there are many other Acts of Parliament and Statutory Instruments that
give powers to Local Authorities including Wigan Council. With regard to
Wigan Council's powers to trade I would advise you that in the main
they come from:

* Section 1 Local Authorities (Goods and Services) Act 1970 -
power to trade with other local authorities and public bodies
* Section 2 Local Government Act 2000 - well being power
* Section 111 Local Government Act 1972 - incidental power
* Section 93 Local Government Act 2003 - charging for
discretionary services
* Section 95 Local Government Act 2003 - trading for
function-related activities through a commercial company

The Freedom of Information Act does not require Wigan Council to
research questions posed by requesters but to merely look for any
documentation it may have that would answer a request.

If you are unhappy with any aspect of this response, an independent senior
officer will review this decision. Please let me know if you would like to
arrange this.

You can also complain to the Information Commissioner, who is the
regulator for Freedom of Information. His website is
www.informationcommisioner.gov.uk and his helpline number is 0303 1231113.

His staff may ask you to exhaust our internal complaints procedure if you
choose to complain to his office now.
Yours Sincerely

Sharon Crippin
Assistant Data Protection Officer
Business Support Services
Wigan Council
Town Hall
Wigan

Tel: (01942) 827002 Internal: 2002
email: [email address]

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