Boating management and consultation documents

Nick Brown 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,

Please provide the following information:

1. The Draft Moorings Code 2003.

2. Licence Fee Consultation Document 2005.

3. All monthly reports to Boating Management Team from August 2008 to date.

For the avoidance of doubt this is a requisition under the Freedom of Information Act 2000.

Yours faithfully,

Nick Brown

Information Request,

Dear Mr Brown,

Thank you for your e-mail.

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 on 1st March 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 |
In April 2012 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 Information Request,

I note that by law you are required to respond promptly and in any event within 20 working days of the date of submission of the requisition. You have failed to do this. I note that this has occurred on a number of occasions with a number of requisitions served on you. I note that you claim that personnel shortage is responsible for your late responses. Unfortunately personnel issues constitute no justification for non-compliance. I therefore requesting an internal review to be performed by an independent officer of British Waterways (ie not yourself as has occurred in the past) as this constitutes the appropriate first step towards remedy. However given the lamentable performance of British Waterways in relation to response to FoI requisitions I shall also notify the ICO.

Yours sincerely
Nick Brown

Information Request,

Dear Mr Brown,

Thank you for your e-mail today. However, your e-mail is in fact a little premature as 20 working days from receipt of your request is actually today.

Further to my acknowledgement of 2nd March please note that we are still considering the extent to which exemptions may apply to the information you have requested and the public interest in disclosing or withholding this information.

We will provide you with the requested information or issue a refusal notice as soon as possible and, in any event, within a further 20 working days.

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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Information Request,

7 Attachments

Dear Mr Brown,

I am writing further to my last e-mail of 29th March and your request for information of 1st March. I have responded to your requests below in the order in which you have made them for clarity:

1. The Draft Moorings Code 2003
Please find attached a copy of the draft moorings code 2003 which was sent to National Stakeholders with the attached letter. This formed part of a national consultation and, as a result the following document was published http://www.britishwaterways.co.uk/media/... this 2004 guidance was refined following the court case (Davies v BW) and the current guidance is published in Schedule 2 of the following Licence terms and Conditions http://www.britishwaterways.co.uk/media/...


2. Licence Fee Consultation Document 2005
The Licence fee consultation document 2005 is publically available on our British Waterways website here http://www.britishwaterways.co.uk/media/... you will also find all reports and documents here:

a. http://www.britishwaterways.co.uk/media/...
b. http://www.britishwaterways.co.uk/media/...
c. http://www.britishwaterways.co.uk/media/...
d. http://www.britishwaterways.co.uk/media/...
e. http://www.britishwaterways.co.uk/media/...

3. All monthly reports to Boating Management Team from August 2008 to date
Please find attached copies of some of the monthly reports to the Boating management Team from August 2008 to date. Please note that further reports will follow shortly. Information within these reports has been redacted for the following reasons:

1. Personal Information- Some of the information contained within these reports represents personal data and is protected by the Data Protection Act 1998. As such they fall under section 40 of the Freedom of Information Act and are exempt from disclosure.

2. Commercial Sensitivity- some of the information is being withheld in reliance upon 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 and disclosure would, or would be likely to, prejudice the commercial interests of BW. Furthermore, we believe that the public interest in maintaining this exemption outweighs the public interest in disclosing the information. 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”; 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.

3. Prejudice to effective conduct of public affairs- Some of the information that you have requested is exempt from disclosure under section 36 [Prejudice to effective conduct of public affairs ](2) (b) (i) and (ii), as disclosure would be prejudicial to free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation. We believe that the public interest in maintaining this exemption outweighs the public interest in disclosing this information because it is in the public interest that the policy formed as a result of these reports and management meetings is effective. To be effective it is important that the minutia of this detail is not part of wider public knowledge. Licensing is a critical element of British Waterways’ funding. At present the cost of maintaining the inland waterways is approximately £140 million per annum. Around £23 million per annum is raised from licence and mooring fees to put towards the cost of maintenance.

If we haven’t reasonably met your expectations in relation to a request for information or you believe we may not have acted in accordance with the above legislation you should write in the first instance to Kelly Radley Head of Customer Relations, 64 Clarendon Road, Watford, Herts WD17 1DA outlining your concerns and asking for a review to be undertaken. Your correspondence will be acknowledged and a review of your case will be undertaken by one of British Waterways’ directors.

Should you remain unsatisfied by the response you receive you are able to contact the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF www.ico.gov.uk/Global/contact_us.aspx.

Yours sincerely,

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 

show quoted sections

Information Request,

19 Attachments

Dear Mr Brown,

Please find attached some further copies of the monthly reports to the Boating management Team from August 2008 to date. Please note that further reports will follow shortly.

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 

show quoted sections

Information Request,

11 Attachments

Dear Mr Brown,

Further to my e-mail sent on Friday please find attached the final copies of the monthly reports to the Boating management Team from August 2008 to date.

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 

show quoted sections