City of London Police act 1839

Taherali Gulamhussein made this Freedom of Information request to City of London Corporation

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 successful.

Taherali Gulamhussein

Dear City of London Police,

Can you please send me a copy of your constituting document, City
of London Police Act 1839?

I cannot locate it on legislation.gov.uk or anywhere else.

Thank you for your time and I look forward to hearing from you.

Yours sincerely,

Taher Gulamhussein

COL - EB - Information Officer, City of London Corporation

Dear Mr Gulamhussein,

FREEDOM OF INFORMATION ACT 2000 (FOIA) – REQUEST FOR INFORMATION

The City of London (CoL) acknowledges receipt of your request for information of 3 July 2015.

Public authorities are required to respond to requests within the statutory timescale of 20 working days beginning from the first working day after they receive a request.

Yours sincerely,

Information Officer
Town Clerk’s Department
City of London
Tel: 020-7332 1209
www.cityoflondon.gov.uk<http://www.cityoflondon.gov.uk>

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CHL - Director of Culture, City of London Corporation

Dear Mr Gulamhussein

 

FREEDOM OF INFORMATION ACT 2000 (FOIA) - REQUEST FOR INFORMATION

 

Following your request for information of 3 July 2015 and our
acknowledgement of 6 July 2015, the City of London (CoL) responds as
follows.

 

I confirm that the City of London Corporation does indeed hold a copy of
the City of London Police Act 1839. However, please note that the
information is exempt from disclosure under the FOIA by virtue of section
21 - information reasonably accessible via other means.

 

Section 21(1) of the FOIA exempts disclosure of information that is
reasonably accessible by other means, including where the information is
available at a cost. This exemption is not subject to the public interest
test.

 

More information as to how this information is already available is
provided below.

 

The City of London Police Act 1839 is held at the London Metropolitan
Archives (LMA) - reference CLA/048/AD/11/025. Access is available via the
following ways:

 

o You may visit the LMA and view the Act for free on site. You may also
take photos of it yourself by paying the LMA £5 daily camera pass.
o You may order a copy of the Act from the LMA. A charge of £15 is
payable, which covers the cost of reprography plus the scans.

 

More information at the LMA, including how to contact them, is available
on the CoL’s website:
[1]https://www.cityoflondon.gov.uk/things-t....

 

I hope you find this response of assistance.

 

If you have any queries or concerns, please contact me.

 

If you wish to make a complaint about the way the CoL has managed your
enquiry, please make your complaint in writing to email address:
[2][email address]. For a link to the CoL’s FOI complaints
procedure, please visit the following page:
[3]www.cityoflondon.gov.uk/Feedback, at the end of which is located the
FOI complaints procedure. If, having used the CoL’s FOI Complaints
Procedure, you are still dissatisfied, you may request the Information
Commissioner to investigate. Please contact: Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone:
(01625) 545700.  Website: [4]http://www.ico.org.uk/.

 

Please note that the Act applies to the CoL as a local authority, police
authority and port health authority. Subject to any other statutory
provisions requiring the CoL to disclose information, release of
information outside the scope of the Act is subject to the discretion of
the CoL.

 

CoL holds the copyright in this communication. The supply of it does not
give you a right to re-use it in a way that would infringe that copyright,
for example, by making copies, publishing and issuing copies to the public
or to any other person. Brief extracts of any of the material may be
reproduced under the fair dealing provisions of the Copyright, Designs and
Patents Act 1988 (sections 29 and 30) for the purposes of research for
non-commercial purposes, private study, criticism, review and news
reporting, subject to an acknowledgement of the copyright owner.

 

Yours sincerely,

 

PA/Director of Culture, Heritage & Libraries

City of London,
Guildhall Library,
Aldermanbury,
London EC2V 7HH

 

 

 

 

 

 

 

THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY
PRIVILEGED. If you are not the addressee, any disclosure, reproduction,
copying, distribution or other dissemination or use of this communication
is strictly prohibited. If you have received this transmission in error
please notify the sender immediately and then delete this e-mail.
Opinions, advice or facts included in this message are given without any
warranties or intention to enter into a contractual relationship with the
City of London unless specifically indicated otherwise by agreement,
letter or facsimile signed by a City of London authorised signatory. Any
part of this e-mail which is purely personal in nature is not authorised
by the City of London. All e-mail through the City of London's gateway is
potentially the subject of monitoring. All liability for errors and
viruses is excluded. Please note that in so far as the City of London
falls within the scope of the Freedom of Information Act 2000 or the
Environmental Information Regulations 2004, it may need to disclose this
e-mail. Website: http://www.cityoflondon.gov.uk

References

Visible links
1. https://www.cityoflondon.gov.uk/things-t...
2. mailto:[email address]
3. http://www.cityoflondon.gov.uk/Feedback
4. http://www.ico.org.uk/

Taherali Gulamhussein

Dear CHL - Director of Culture,

Thank you for your email confirming that you believe a statutory exemption to apply under the Freedom of Information act 2000 permitting you to refuse my request for information.

However as you are a public authority you also have general common law duties of openness and transparency. As this is the constituting document of the Police Force run by your public authority I believe it is only right that you are open and transparent about the terms under which the police force was constituted. Please let me know whether or not you will disclose the document notwithstanding the application of the statutory exemption under the Freedom of Information act 2000.

Best wishes,

Taher

CHL - Director of Culture, City of London Corporation

Dear Mr Gulamhussein

FREEDOM OF INFORMATION ACT 2000 (FOIA) - REQUEST FOR INFORMATION

The exemption applied by the City of London (CoL), in response to your Freedom of Information request, makes clear that the information is already reasonably available to the public, and therefore does not have to be disclosed under the FOIA. The way in which the requested information is available was also included in the CoL's response to you - through the London Metropolitan Archives.

If you are not happy about contacting the LMA to obtain access to, or a copy of the requested information, you may wish to consider contacting the City of London Police Force directly to see if they have their own copy or alternative methods of access.

Please note also that the CoL is legally a separate body from the COLP for the purpose of compliance with the FOIA.

The FOI email address for the City of London Police is:
[email address]
Further information can be found at:
http://www.cityoflondon.police.uk/CityPo...

I trust this clarifies the CoL’s position.

Yours sincerely,

PA/Director of Culture, Heritage & Libraries
City of London,
Guildhall Library,
Aldermanbury,
London EC2V 7HH

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Taherali Gulamhussein

Dear CHL - Director of Culture,

Thank you for your email but unfortunately it does not clarify matters.

There is no dispute, as made clear in my previous response, that the exemption does make clear that the information does not have to be disclosed under the FOIA. It does not follow that disclosure outside the FOIA is not required by you.

In fact, the law also makes clear that even where a statutory exemption applies a public authority may be required to disclose information under the general common law duties of openness and transparency, as affirmed by the Supreme Court in the judgment of Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20*

It is my opinion that the law requires you in these circumstances to disclose the information requested under the general common law duties of openness and transparency.

Although I recognise it is correct that the City of London Corporation is an independent legal entity to the City of London police force, I also recognise that the City of London Corporation (through the Court of Common Council) was made the "police authority" for the City of London police force area in the current version of the City of London Police act 1839.

In order for the public to hold you to account in your police authority functions you must be open and transparent about the document that made the Corporation into a Police Authority. Without such openness and transparency you undermine trust and confidence in your organisation.

Therefore in my view you are required to disclose the City of London Police act 1839

Yours sincerely,

Taherali Gulamhussein

*see press summary here, in particular 'Disclosure outside the FOIA' section: https://www.supremecourt.uk/decided-case...

Taherali Gulamhussein

Dear CHL - Director of Culture,

I must also add in response to my previous request that I have attempted to contact the City of London Police about access to the act and alarmingly they did not have access to the act - their constituting document - and referred me to you!

The request and response is here:
https://www.whatdotheyknow.com/request/c...

Yours sincerely,

Taherali Gulamhussein

BillEllson left an annotation ()

A somewhat regrettable response from CoLC.

Bizarre that the request was passed to Culture, Heritage & Libraries to deal with.

Mr Gulamhussein might wish to email the person he is dealing with and ask that the request is forwarded to the City Remembrancer's office. The Remembrancer is CoLC's Parliamentary Agent and would have promoted the Private Bill that became the Local Act that Mr Gulamhussein is seeking a copy of. Many of the Local Acts concerning the City's open spaces can be found on the CoLC website and it would be logical to upload a scan of the Act to part of the website that deal with police authority matters.

CHL - Director of Culture, City of London Corporation

Dear Mr Gulamhussein

Having reviewed your further correspondence the City of London will be publishing the 1839 Act, as enacted, on the City of London’s website. We will contact you again shortly to inform you when the Act has been published and provide you with a link to the relevant webpage. We note that you accept that we responded correctly to your request under the FOIA.

Yours sincerely,

PA/Director of Culture, Heritage & Libraries
City of London,
Guildhall Library,
Aldermanbury,
London EC2V 7HH

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Taherali Gulamhussein

Dear CHL - Director of Culture,

Thank you for confirming that you will provide the information requested. I look forward to hearing from you when the information is on the City of London's website.

Yours sincerely,

Taherali Gulamhussein

CHL - Director of Culture, City of London Corporation

Dear Mr Gulamhussein

I regret to advise that we are unable to publish the Act on our website due to the size of the file and it not meeting our accessibility requirements.

I have investigated further with our IT department and they have advised that they will send you an email this afternoon containing a link to the document via Leapfile. The information will be available to access via the link for two weeks. We will also update the relevant pages on our website advising people that the Act is available upon request.

Thank you

Regards

PA/Director of Culture, Heritage & Libraries
City of London,
Guildhall Library,
Aldermanbury,
London EC2V 7HH

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City of London Corporation

*** You have a secure file transfer awaiting download. Details enclosed.
***

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FROM: [email address]
TO: [FOI #278160 email]
([FOI #278160 email])
SUBJECT: FOI Response

FILE TRANSFER WAITING:
Click the secure link to download.
[1]http://cityoflondon.leapfile.com/get.jsp...
(TRANSFER EXPIRES 18 August, 2015 14:04)

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Secure file delivery by LeapFILE

References

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Taherali Gulamhussein

Dear City of London Corporation,

Thank you for your link to download the file. Unfortunately I can only download the file if I have the email address to which you last sent the email. I do not have it as whatdotheyknow.com do not provide it. They only say [FOI #278160 email] and then forward the email to me. Can you send me the email address I need to download the file? Thanks

Yours faithfully,

Taherali Gulamhussein

Taylor, Mike, City of London Corporation


This account is no longer active, your email has been forwarded to Jack Davison, [email address].

Please contact Jack if you have any further queries. The auto-reply feature on this account will expire in 30 days.

Rees, John, City of London Corporation

Hello,

I'm working in Tower Hamlets this week. I will be checking my e-mail but not frequently; if you need to contact me more urgently please phone 020 7364 3940.

John

Parker, Paul, City of London Corporation

This email account is not routinely checked, please contact me at [email address] for an earlier response.

Paul Parker
Field Services Manager, Agilisys
m: 07956 202940

THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. If you are not the addressee, any disclosure, reproduction, copying, distribution or other dissemination or use of this communication is strictly prohibited. If you have received this transmission in error please notify the sender immediately and then delete this e-mail. Opinions, advice or facts included in this message are given without any warranties or intention to enter into a contractual relationship with the City of London unless specifically indicated otherwise by agreement, letter or facsimile signed by a City of London authorised signatory. Any part of this e-mail which is purely personal in nature is not authorised by the City of London. All e-mail through the City of London's gateway is potentially the subject of monitoring. All liability for errors and viruses is excluded. Please note that in so far as the City of London falls within the scope of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, it may need to disclose this e-mail. Website: http://www.cityoflondon.gov.uk

Perry, Andrew, City of London Corporation

Thank you for your email. This mailbox is not monitored. If you require a response, please forward your email to [email address]

Regards

Andrew Perry

THIS E-MAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. If you are not the addressee, any disclosure, reproduction, copying, distribution or other dissemination or use of this communication is strictly prohibited. If you have received this transmission in error please notify the sender immediately and then delete this e-mail. Opinions, advice or facts included in this message are given without any warranties or intention to enter into a contractual relationship with the City of London unless specifically indicated otherwise by agreement, letter or facsimile signed by a City of London authorised signatory. Any part of this e-mail which is purely personal in nature is not authorised by the City of London. All e-mail through the City of London's gateway is potentially the subject of monitoring. All liability for errors and viruses is excluded. Please note that in so far as the City of London falls within the scope of the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, it may need to disclose this e-mail. Website: http://www.cityoflondon.gov.uk

Davison, Jack, City of London Corporation

Hi,

The email address Leapfile asks for is the email address that the email was sent too i.e. your @whatdotheyknow.com address.

Thanks,

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Doug Paulley left an annotation ()

The file provided by the public authority is available for download from WhatDoTheyKnow: http://files.whatdotheyknow.com/request/... It is 161Mb in size, a PDF.
--
Doug - volunteer, WhatDoTheyKnow.com

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