Courts and Legislation
Dear Ministry of Justice,
What level of court and what level of judge, are legally able to strike out/overturn secondary legislation?
And what level of court and what level of judge are legally able to make a 'declaration of incompatibility' with the Human Rights Act 1998, on both secondary and primary legislation?
Yours faithfully,
Jimmy
Dear Jimmy,
Please note, under section 8(1) of FOIA, a request for information must
comply with three requirements. It must:
(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.
After initial consideration, this request appears to comply with
requirements (a) and (c) but it does not comply with requirement (b)
because you have not provided your full name.
I am therefore not required to process your request without information
that can later be referred to, as per Section 8(1)(b) FOIA. The
information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the
requested information at this point and I would like to take this
opportunity to recommend that any future FOI submissions adhere to Section
8 of the FOIA.
To enable us to meet your request, please resubmit your application in
accordance with the above requirements. We will consider your resubmitted
request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory
timescale of 20 working days as defined by the Act, subject to the
information not being exempt.
You can find out more about Section 8 by reading the extract from the Act
available at the attached link:
http://www.legislation.gov.uk/ukpga/2000...
Kind regards,
Disclosure Team
Dear Disclosure Team,
(Amended accordingly.)
What level of court and what level of judge, are legally able to strike out/overturn secondary legislation?
And what level of court and what level of judge are legally able to make a 'declaration of incompatibility' with the Human Rights Act 1998, on both secondary and primary legislation?
Yours sincerely,
Jimmy Elliot.
Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.
It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.
For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as follows:
102 Petty France
London
SW1H 9AJ
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