Council Tax Metadata - Electronic Evidence Local Government Finance Act 1992

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Dear Maidstone Borough Council,

Council Tax Metadata - Electronic Evidence
Local Government Finance Act 1992

Please refer to section 1 (b)

Admissibility of evidence14(1)Regulations under paragraph 1(1) above may include provision that, in any proceedings before a magistrates’ court under any provision included by virtue of the preceding provisions of this Schedule—(a)a statement contained in a document of record shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible; and(b)a certificate which is made with respect to a document of record produced by a computer and purports to be signed by a responsible person shall be admissible as evidence of anything which is stated in it to the best of his information and belief.(2)In this paragraph—“document of record” means a document constituting or forming part of a record compiled by the authority concerned;

“responsible person” means a person occupying a responsible position in relation to the operation of the computer;

“statement” includes any representation of fact, whether made in words or otherwise.

http://www.legislation.gov.uk/ukpga/1992...

I wish to know and request under the FoIA the following documented information and require all metadata between the Council and the Magistrates’ Court .

1) Encompassing council produced computer generated evidence that is presented to Magistrates’ Court in an application to the Magistrates’ Court for summonses to be granted for a non payment of council tax liability hearing.

2) Encompassing documented rules, procedure, legislation or policy you hold that requires the council to produce a signed IT Certificate that ensures that the council computers that print off the complaints, summonses and liability orders are working correctly at the time of printing, to confirm the electronic signature(s) are authentic.

3) Produce the Council IT certificate (with re-dacted signatures) but show the rank, name and printed name of the person signing.

4) Produce the rank and printed name(s) of all person(s) responsible for signing the Council IT Certificate that is presented as evidence to the Magistrates’ Court that confirms that the Council computers ( not Magistrates' computers ) were working correctly at the time they printed off the court documents.

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

Yours faithfully,

RICHARD VALDRY

Elizabeth Roach, Maidstone Borough Council

1 Attachment

Date 23 January 2013
My Ref FOIreq/SMG/er

 

 

Dear Sir,

 

FREEDOM OF INFORMATION ACT REQUEST

 

Thank you for your request for information about council tax data.  Your
request was received on 18 January 2013 and I am dealing with it under the
terms of the Freedom of Information Act 2000.  I intend to deal with your
request by 15 February 2013.

 

[In some circumstances a fee may be payable and if that is the case, I
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.]

 

Your request will be subject to any exemption which the Council is
entitled to apply to refuse your request.  Some of these are absolute
exemptions, and some only apply where the public interest in refusing to
supply the information outweighs that in disclosing the information.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

Yours sincerely

 

 

Stephen McGinnes

Head of Revenues & Benefits Partnership

t  01622 602310

e [1][email address]

 

 

 

Dear Maidstone Borough Council,

Council Tax Metadata - Electronic Evidence
Local Government Finance Act 1992

Please refer to section 1 (b)

Admissibility of evidence14(1)Regulations under paragraph 1(1)
above may include provision that, in any proceedings before a
magistrates’ court under any provision included by virtue of the
preceding provisions of this Schedule—(a)a statement contained in a
document of record shall be admissible as evidence of any fact
stated in it of which direct oral evidence would be admissible;
and(b)a certificate which is made with respect to a document of
record produced by a computer and purports to be signed by a
responsible person shall be admissible as evidence of anything
which is stated in it to the best of his information and
belief.(2)In this paragraph—“document of record” means a document
constituting or forming part of a record compiled by the authority
concerned;

“responsible person” means a person occupying a responsible
position in relation to the operation of the computer;

“statement” includes any representation of fact, whether made in
words or otherwise.

http://www.legislation.gov.uk/ukpga/1992...

I wish to know and request under the FoIA the following documented
information and require all metadata between the Council and the
Magistrates’ Court .

1) Encompassing council produced computer generated evidence that
is presented to Magistrates’ Court in an application to the
Magistrates’ Court for summonses to be granted for a non payment of
council tax liability hearing.

2) Encompassing documented rules, procedure, legislation or policy
you hold that requires the council to produce a signed IT
Certificate that ensures that the council computers that print off
the complaints, summonses and liability orders are working
correctly at the time of printing, to confirm the electronic
signature(s) are authentic.

3) Produce the Council IT certificate (with re-dacted signatures)
but show the rank, name and printed name of the person signing.

4) Produce the rank and printed name(s) of all person(s)
responsible for signing the Council IT Certificate that is
presented as evidence to the Magistrates’ Court that confirms that
the Council computers ( not Magistrates' computers ) were working
correctly at the time they printed off the court documents.

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

Yours faithfully,

RICHARD VALDRY

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show quoted sections

Rachael Price, Maidstone Borough Council

2 Attachments

Dear Mr Valdry,

 

Please find below and attached the information relating to your freedom of
information request.

 

1) Encompassing council produced computer generated evidence that
is presented to Magistrates’ Court in an application to the
Magistrates’ Court for summonses to be granted for a non payment of
council tax liability hearing.

This is attached. Information has been deleted relating to personal data
and electronic signatures removed.

2) Encompassing documented rules, procedure, legislation or policy
you hold that requires the council to produce a signed IT
Certificate that ensures that the council computers that print off
the complaints, summonses and liability orders are working
correctly at the time of printing, to confirm the electronic
signature(s) are authentic.

This is contained in Council Tax regulations Statutory Instrument 1992/613

 

3) Produce the Council IT certificate (with re-dacted signatures)
but show the rank, name and printed name of the person signing.

This is contained within the attached summons listing.

4) Produce the rank and printed name(s) of all person(s)
responsible for signing the Council IT Certificate that is
presented as evidence to the Magistrates’ Court that confirms that
the Council computers ( not Magistrates' computers ) were working
correctly at the time they printed off the court documents.

This would be Mrs S Coburn, Revenues Manager

 

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to Mr Paul Fisher, Head of Legal Services, Maidstone
Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ,
explaining your reasons for complaining or requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

 

Stephen McGinnes

Head of Revenues & Benefits Partnership

Mid Kent Revenues and Benefits Partnership

t 01622 602310

e [1][email address]

 

 

[2]cid:image001.jpg@01CC6D5C.F86FD840

 

 

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