Board Minutes - November 2011

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 Board,

I refer to the board meeting held on 23/11/2011.

Can you please provide via 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 dated 22 November and request for information.

We will now review the information that we hold relating to your request and a response will be sent as soon as possible but in any case within 20 working days of the receipt of your request.

Kind regards

Kelly Radley
Internal Communications & Customer Services Manager
Direct line: 01923 201151

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Dear British Waterways,

On the advice of the information commissioners office I am withdrawing this request.

I new request has been made and can be found at

Yours sincerely,

Allan Richards

Nigel Johnson,

11 Attachments

Dear Mr Richards


(1)    The minutes of the November Board meeting are available on the BW

(2)    The papers associated with that meeting are attached.

(3)    The minutes and 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 these 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

(4)    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.

Yours sincerely

Nigel Johnson

Secretary to the Board

on behalf of British Waterways.