Council Bill - Bills of Exchange Act 1882

Kirsty Eccles (Account suspended) made this Freedom of Information request to Chorley Borough Council

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

Response to this request is long overdue. By law, under all circumstances, Chorley Borough Council should have responded by now (details). You can complain by requesting an internal review.

Kirsty Eccles (Account suspended)

Dear Chorley Borough Council,

Council Bill - Bills of Exchange Act 1882

Under the FoIa I wish to know if the council tax bill produced and issued by the council conforms with the Bills of Exchange Act 1882 all recorded information you hold is required. If your council bill does not conform please give the reasons why.

http://www.legislation.gov.uk/ukpga/Vict...

In the link above, the Act clearly defines a Bill of Exchange in Section 3 as:

"A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer."

Any "Bill" that fits this definition is then legally bound to act within the Bills of Exchange Act 1882 irrelevant of other legislation unless the said Statute repeals the Bill of Exchange Act in some way.

This is clearly not the case as the The Local Government Finance Act 1992 has not and does not repeal any part of the Bills of Exchange Act 1882.

Many thanks for your time in answering this FOI request and I look forward to hearing from you.

Yours faithfully,

Kirsty Eccles

Contact, Chorley Borough Council

Thank you for your email.

 

We will deal with your enquiry as quickly as possible. You may find the
information you need on our website.

 

Kind Regards

 

Chorley Council

 

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foi, Chorley Borough Council

Dear Kirsty

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000
REGARDING COUNCIL BILL – BILLS OF EXCHANGE ACT 1982

 

OUR REFERENCE: FOI/18/338

I can confirm that we have received your request for information, and that
it is being dealt with under the terms of the Freedom of Information Act
2000, which requires us to respond to your enquiry within 20 working days
of its receipt.  You should therefore expect to receive a response by 10
July 2018.

Please note that the information provided by Chorley Borough Council is
intended for your personal use.  If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

Information on the regulations can be obtained from the Office of Public
Sector Information and accessed directly on their website:

[1]http://www.opsi.gov.uk

FOI

Chorley Council

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Kirsty Eccles (Account suspended)

Dear foi,

You are late responding and are breaking the law....

Yours sincerely,

Kirsty Eccles

foi, Chorley Borough Council

Good Morning Kirsty

We sent our response to you on Wednesday 27th June 2018 @ 14.30pm to the above email address. Please advise should you need a copy sending.

Regards

FOI Department
Chorley Council

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show quoted sections

Kirsty Eccles (Account suspended)

Dear foi,

Please resend

Yours sincerely,

Kirsty Eccles

foi, Chorley Borough Council

Dear Kirsty,

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000, Ref No FOI/18/338.

Please find below, the details of your request and our response in blue.

 

 

Council Bill - Bills of Exchange Act 1882

 

Under the FoIa I wish to know if the council tax bill produced and issued
by the council conforms with the Bills of Exchange Act 1882 all recorded
information you hold is required. If your council bill does not conform
please give the reasons why.

 

[1]http://www.legislation.gov.uk/ukpga/Vict...

 

In the link above, the Act clearly defines a Bill of Exchange in Section 3
as:

 

"A bill of exchange is an unconditional order in writing, addressed by one
person to another, signed by the person giving it, requiring the person to
whom it is addressed to pay on demand or at a fixed or determinable future
time a sum certain in money to or to the order of a specified person, or
to bearer."

 

Any "Bill" that fits this definition is then legally bound to act within
the Bills of Exchange Act 1882 irrelevant of other legislation unless the
said Statute repeals the Bill of Exchange Act in some way.

 

This is clearly not the case as the The Local Government Finance Act 1992
has not and does not repeal any part of the Bills of Exchange Act 1882.

 

The Council Tax Bill produced and issued by the Council does not conform
with the Bill of Exchange Act 1882.

 

Please note that the Council Tax Bill is produced and issued by the
Council strictly in accordance with the Local Government Finance Act 1992
and is a demand for payment under tax legislation.

 

 

 

I hope the information provided here answers your enquiry.  If however,
you are unhappy with the outcome, or the way in which Chorley Council has
handled your request, you may wish to make an appeal.  This can be done in
writing to the Information Manager, Chorley Council, Civic Offices, Union
Street, Chorley, PR7 1AL, or by e-mail to: [2][email address]  clearly
stating your reasons for dissatisfaction.  Please quote the above
reference number in all correspondence.

 

If your appeal is either not upheld or you remain dissatisfied with our
decision, you can appeal to the Information Commissioner at:  Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, or by e-mail to [3][email address].

Please note that the information provided by Chorley Borough Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

Yours sincerely,

 

FOI

Chorley Borough Council

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This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.

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Kirsty Eccles (Account suspended)

Dear foi,

Thank you for your response in which you stated "Please note that the Council Tax Bill is produced and issued by the Council strictly in accordance with the Local Government Finance Act 1992 and is a demand for payment under tax legislation."

Thus confirming my suspicions that the Council Tax Bill produced and issued by the Council does not conform
with the Bill of Exchange Act 1882 and therefore is unlawful.

Please provide me with a copy of the legislation that allows Chorley council not to adhere to the Bill of Exchange Act 1882 without breaking the law.

Yours sincerely,

Kirsty Eccles

foi, Chorley Borough Council

Dear Kirsty

Thank you for your email of 27th July 2018.

Please find link below to The Council Tax (Administration and Enforcement) Regulations 1992 referred to in the Local Government Finance Act 1992 which relates to the collection of council tax:

https://www.legislation.gov.uk/uksi/1992...

I hope the information provided here answers your enquiry. If however, you are unhappy with the outcome, or the way in which Chorley Council has handled your request, you may wish to make an appeal. This can be done in writing to the Information Manager, Chorley Council, Civic Offices, Union Street, Chorley, PR7 1AL, or by e-mail to: [email address] clearly stating your reasons for dissatisfaction. Please quote the above reference number in all correspondence.

If your appeal is either not upheld or you remain dissatisfied with our decision, you can appeal to the Information Commissioner at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or by e-mail to [email address].
Please note that the information provided by Chorley Borough Council is intended for your personal use. If it is your intention to re-use the information for commercial gain, you will need to apply to the Council for a licence to re-use it, under the Re-Use of Public Sector Information Regulations 2005.

FOI
Chorley Council

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Kirsty Eccles (Account suspended)

Dear Chorley Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Chorley Borough Council's handling of my FOI request 'Council Bill - Bills of Exchange Act 1882'.

I resently sent you this request in response to your reply.
"Thank you for your response in which you stated "Please note that the Council Tax Bill is produced and issued by the Council strictly in accordance with the Local Government Finance Act 1992 and is a demand for payment under tax legislation."

Thus confirming my suspicions that the Council Tax Bill produced and issued by the Council does not conform
with the Bill of Exchange Act 1882 and therefore is unlawful.

Please provide me with a copy of the legislation that allows Chorley council not to adhere to the Bill of Exchange Act 1882 without breaking the law."

To which you once again provided me with a link to the Local Government Finance Act 1992 in which ther is nothing permitting Chorley council not to adhere to the Bill of Exchange Act 1882 without breaking the law.

Once again I request that you provide me with a copy of the legislation that allows Chorley council not to adhere to the Bill of Exchange Act 1882 without breaking the law.

If you again fail to respond with the information I have requested, I shall pass this file to the ICO.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Kirsty Eccles

Contact, Chorley Borough Council

Thank you for your email.

 

We will deal with your enquiry as quickly as possible. You may find the
information you need on our website.

 

Kind Regards

 

Chorley Council

 

( 01257 515151 | 8 [1]chorley.gov.uk
Waste collections are changing. To find out more click [2]here.

You can make service requests online at [3]chorley.gov.uk, and it’s even
faster if you use '[4]My Account'

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.

References

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foi, Chorley Borough Council

1 Attachment

Dear Kirsty

Further to your email dated 3 August 2018. I am writing to acknowledge your appeal against Chorley Council’s decision regarding your FOI request dated 11 June 2018 which was responded to on 27th June 2018 @ 14.30pm.

I attach the appeals procedures for your information.

The internal review process will take place within the next 3 weeks.

We will contact you again in due course with the outcome of the review.

If your appeal is either not upheld or you remain dissatisfied with our decision, you can appeal to the Information Commissioner at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or by e-mail to [email address].

Yours sincerely

FOI Department
Chorley Council
This e-mail and any attached files are confidential and may also be legally privileged. They are intended solely for the intended addressee. If they have come to you in error you must not use, copy or communicate them to anyone. Please advise the sender and permanently delete the e-mail and attachments. Please note that while Chorley Council has policies in place requiring its staff to use e-mail in an appropriate manner, any views expressed in this message are those of the individual sender may not necessarily reflect the views of Chorley Council. Chorley Council may monitor e-mails sent or received.

foi, Chorley Borough Council

Dear Kirsty Eccles

 

We refer to your email of 3 August 2018 where you requested information
about Council Bill - Bills of Exchange Act 1882

and our responses of 27 July 2018 and 3 August 2018

 

Further to your request for a review of our response, we have now
conducted such a review and the decision has been overturned for the
following reasons:

 

In accordance with the freedom of information act the Council is obliged
to provide recorded information. The guidance on the Information
Commissioner’s Office website states that:

 

'Recorded information includes printed documents, computer files, letters,
emails, photographs, and sound or video recordings’

 

The guidance also states that:

 

'The Act does not cover information that is in someone’s head. If a member
of the public asks for information, you only have to provide information
you already have in recorded form. You do not have to create new
information or find the answer to a question from staff who may happen to
know it'.

 

‘Under the Act, if you have information in your records that answers the
question you should provide it in response to the request. You are not
required to answer a question if you do not already have the relevant
information in recorded form.’

 

Your original request is below in blue:

 

Under the FoIa I wish to know if the council tax bill produced and issued
by the council conforms with the Bills of Exchange Act 1882 all recorded
information you hold is required. If your council bill does not conform
please give the reasons why.

 

[1]http://www.legislation.gov.uk/ukpga/Vict...

 

In the link above, the Act clearly defines a Bill of Exchange in Section 3
as:

 

"A bill of exchange is an unconditional order in writing, addressed by one
person to another, signed by the person giving it, requiring the person to
whom it is addressed to pay on demand or at a fixed or determinable future
time a sum certain in money to or to the order of a specified person, or
to bearer."

 

Any "Bill" that fits this definition is then legally bound to act within
the Bills of Exchange Act 1882 irrelevant of other legislation unless the
said Statute repeals the Bill of Exchange Act in some way.

 

This is clearly not the case as The Local Government Finance Act 1992 has
not and does not repeal any part of the Bills of Exchange Act 1882.

 

 

In response to your request a search should have been carried out to
establish what recorded information the Council hold in relation to
whether the council tax bill produced and issued by the council conforms
with the Bills of Exchange Act 1882.

 

Following a search of our paper and electronic records, we have
established that the information you requested is not held by this
Authority.

 

The remainder of your request is a request for an opinion and not for
recorded information. i.e. ‘If your council bill does not conform please
give the reasons why’. In accordance with the guidance the Council is
under a duty to provide recorded information. The Council is not required
to answer your question if they do not already have the relevant
information in recorded form. As no relevant information is held in
recorded form the Council is not required to answer the question.

 

You sent a further query in relation to your FOI request and the
subsequent response via email on 3 August 2018

 

Your further query is below in blue

 

Thank you for your response in which you stated "Please note that the
Council Tax Bill is produced and issued by the Council strictly in
accordance with the Local Government Finance Act 1992  and is a demand for
payment under tax legislation."

 

Thus confirming my suspicions that the Council Tax Bill produced and
issued by the Council does not conform with the Bill of Exchange Act 1882
and therefore is unlawful.

 

Please provide me with a copy of the legislation that allows Chorley
council not to adhere to the Bill of Exchange Act 1882 without breaking
the law.

 

In response to your request a search should have been carried out to
establish if the Council hold recorded information relating to legislation
that allows Chorley Council not to adhere to the Bill of Exchange Act 1882
without breaking the law.

 

Following a search of our paper and electronic records, I have established
that the Council does not hold any recorded information relating to the
legislation that allows Chorley Council not to adhere to the Bill of
Exchange Act 1882 without breaking the law.

 

 

If you remain dissatisfied with our decision, you can appeal to the
Information Commissioner at:  Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or by e-mail to
[2][email address]

 

Yours sincerely

 

 

FOI

 

Chorley Borough Council

 

01257 515151

 

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.

References

Visible links
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Kirsty Eccles (Account suspended)

Dear foi,

Thanks for your response in which you stated

"Following a search of our paper and electronic records, I have established that the Council does not hold any recorded information relating to the legislation that allows Chorley Council not to adhere to the Bill of Exchange Act 1882 without breaking the law."

Thank you for finally confirming that Chorley Borough Council are breaking the law.

I shall now instruct my legal team to publish a press release.

Yours sincerely,

Kirsty Eccles

foi, Chorley Borough Council

1 Attachment

Dear Kirsty Eccles

 

Further to your attached email –

 

For the sake of clarity please note that the Council has confirmed that it
has no recorded information relating to your request for

 

“legislation that allows Chorley Council not to adhere to the Bill of
Exchange Act 1882 without breaking the law."

 

The Council are not setting out their position with regards to the
statements made in your FOI request as in accordance with the Act the
Council is obliged to provided recorded information, the Council are not
required to provide opinion or advance legal argument.

 

Regards

 

 

FOI

 

Chorley Borough Council

 

01257 515151

 

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments. Please note that while Chorley Council has policies in
place requiring its staff to use e-mail in an appropriate manner, any
views expressed in this message are those of the individual sender may not
necessarily reflect the views of Chorley Council. Chorley Council may
monitor e-mails sent or received.