Board Meeting - March 2012

Allan Richards made this Freedom of Information request to British Waterways Board

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear British Waterways,

I refer to your board meeting held in March 2012 and am sorry to note that, despite your boards wish that minutes of its meetings should be published in a timely manner (2-3 weeks after a meeting) you have consistently failed to do this.

Can you please provide via whatdotheyknow.com a copy of all
reports, sub committee minutes and other documents mentioned in the minutes of this meeting.

Can you also provide a copy of the minutes and agenda, unless these have already been published on your website.

May I ask that you give full reasons (quoting the relevant section of the FoI Act) for any redacted information.

Bearing in mind your breeches of the freedom of information act in respect of a similar requests, may I remind you of your legal duties in respect of this request.

Yours faithfully,

Allan Richards

Information Request,

Dear Mr Richards,

Thank you for your e-mail today.

I am pleased to inform you that once we have confirmed the extent to which the regulations permit the release of the information which you have requested a response will be sent within a 20 working day timescale of receipt of your request today, 22nd May 2012.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
This summer the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear British Waterways,

You are now breaking the law by not responding to this freedom of information request.

Please provide the information requested and carry out an internal review to determine why this information has been withheld.

Yours sincerely,

Allan Richards

Information Request,

8 Attachments

Dear Mr Richards,

Please find attached copies of the British Waterways Board Papers for March 2012 and I apologise for the delay in responding to you. Please note that the CEO Report Appendix 2 is not attached (CRT Council meeting agenda for March) as this was a draft document, the final version of which has been published.

(1) The papers are partially redacted in that information is being withheld in reliance upon (unless otherwise stated) the exemption contained in s.43(2) Freedom of Information Act 2000. This is because the information withheld would or would be likely to, if disclosed, damage the commercial interests of a person. In some cases the information withheld concerns the terms under which commercial property transactions and other commercial transactions are proposed to be or have been entered into in the context of a competitive market and disclosure would, or would be likely to, damage the interests of the counter-party to BW in the transaction. In some cases the information withheld was competitive terms under which BW would be prepared to enter into transactions disclosure of which would, or would be likely to, prejudice the commercial interests of BW.

(2) BW considers that it is in the public interest to maintain the exemption where so replied upon. The reasons for this are (a) a very substantial part of BWs overall revenues required to support its public activities are derived from competitive commercial activities; (b) by s.134 Transport Act 1968 BW is obliged to carry on these activities as if it “were a company engaged in a commercial enterprise”; (c) disclosure of information that would, or would be likely to, prejudice BWs commercial interests or those of a counter-party would threaten the commercial revenues sought from such activity. A risk of loss or reduction of revenues available to be spent on the public functions of BW would be contrary to the public interest. Furthermore information on the overall performance of BW in conducting its commercial activities is available in aggregated form in its published Annual Accounts and the public interest in being able to judge such performance is facilitated by that provision of information.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow the Canal & River Trust’s Customer Service team on Twitter http://twitter.com/CRTContactUs
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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