FOIA: Is the specific public office Chief Constable of the POLICE SERVICE OF NORTHERN IRELAND ‘PSNI’ a Corporation Sole’?

Dr. Anne Mc Closkey made this Freedom of Information request to Northern Ireland Policing Board Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Northern Ireland Policing Board did not have the information requested.

Dr. Anne Mc Closkey

…………………….NOTICE-FOR-FREEDOM-OF-INFORMATION-ACT-2000
………………………… CLAIM-/-REQUEST-DATED-05-June-2024:
………………………………..FOR-THE-PUBLIC-RECORD

….……………….………………..…………………………………mary anne: mccloskey:
………...……..…………………...………acting in her capacity as ‘Dr Anne McCloskey’
.……................................................. ………….……………..…………….05 June 2024

Notice to the principal is notice to the agent, Notice to the agent is notice to the principal

sinead: simpson: a living woman
doing business as (dba) SINEAD SIMPOSON
acting as Chief-Executive-Officer
for the corporation aggregate NORTHERN-IRELAND-POLICING-BOARD
James House, Block D
2 – 4 Cromac Avenue
The Gasworks Belfast
Hereinafter: “Respondent”, “Respondents” “you”, “your” and “yourself”

mukesh: sharma: a living man
doing business as (dba) MUKESH SHARMA
acting as MEMBER-OF-THE-ORDER-OF-THE-BRITISH-EMPIRE “MBE”
DEPUTY-LIEUTENANT and
Chair for the corporation aggregate NORTHERN-IRELAND-POLICING-BOARD
James House, Block D
2 – 4 Cromac Avenue
The Gasworks Belfast
Hereinafter: “Respondent”, “Respondents” “you”, “your” and “yourself”

FOIA: Is the specific public office CHIEF CONSTABLE of the POLICE SERVICE OF NORTHERN IRELAND ‘PSNI’ a CORPORATION-SOLE’?

Greetings sinead: simpson: and mukesh: sharma:

WHEREAS the legalese BLACK’S LAW DICTIONARY 4th Edition defines “BODY.” at page 221 as: “BODY. A person. Used of a natural body, or of an artificial one created by law as a corporation.” [emphasis added] BLACK’S LAW DICTIONARY 4th Edition

WHEREAS the legalese BLACK’S LAW DICTIONARY 4th Edition defines “BODY CORPORATE” at page 222 as: “BODY CORPORATE. A corporation public or private.”

WHEREAS the legalese BLACK’S LAW DICTIONARY 4th Edition defines “INCORPORATE” at page 907 as: “INCORPORATE. To create a corporation; to confer a corporate franchise upon determinate persons. …”

WHEREAS Police (Northern Ireland) Act 2000 in Part I section 1 states:

1 Name of the police in Northern Ireland.

(1)The body [corporation] of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary).

(2)The body [corporation] of constables referred to in subsection (1) shall be styled for operational purposes the “Police Service of Northern Ireland”. https://www.legislation.gov.uk/ukpga/200...

WHEREAS the POLICE-SERVICE-NORTHERN-IRELAND is an executive non-departmental public-CORPORATION, sponsored by the DEPARTMENT-OF-JUSTICE (Northern Ireland): source GOV-UK https://www.gov.uk/government/organisati...

WHEREAS a NON-DEPARTMENTAL-PUBLIC-CORPORATION/BODY – a public-CORPORATION that operates separately from its sponsoring department: source CABINET-OFFICE – “Public Bodies Handbook – Part 1 Classification of Public Bodies [Bodies = Corporations]: Guidance for Departments https://assets.publishing.service.gov.uk...

WHEREAS the NORTHERN-IRELAND-POLICING-BOARD is the “police authority” for NORTHERN-IRELAND, and supervises the activities of the executive non-departmental public-CORPORATION POLICE-SERVICE-NORTHERN-IRELAND trade-style PSNI.

NORTHERN-IRELAND-POLICING-BOARD is also an executive non-departmental public-CORPORATION, sponsored by the DEPARTMENT-OF-JUSTICE (Northern Ireland): source GOV-UK https://www.gov.uk/government/organisati...

WHEREAS the legalese BLACK’S LAW DICTIONARY 4th Edition defines CORPORATION-SOLE-AND-CORPORATION-AGGREGATE as :

AGGREGATE-AND-SOLE

CORPORATION-SOLE “A corporation sole is one consisting of one person only, and his successors in some, particular station, who are incorporated by law in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had. In this sense, the sovereign in England is a sole corporation, so is a bishop, so are some deans distinct from their several chapters, and so is every parson and vicar. 3 Steph.Comm. 168, 169; First Parish v. Dunning, 7 Mass. 447; Reid v. Barry, 93 Fla. 849, 112 So. 846, 859.” Page 410, BLACK’S LAW DICTIONARY 4th Edition [Page 410, BLACK’S LAW DICTIONARY 4th Edition]

CORPORATION-AGGREGATE “A corporation aggregate is one composed of a number of individuals vested with corporate powers; and a "corporation," as the word is used in general popular and legal speech, and as defined at the head of this title, means a "corporation aggregate." Page 410, BLACK’S LAW DICTIONARY 4th Edition.

WHEREAS the HM-GOVERNMENT defines CORPORATION-SOLE and CORPORATION-AGGREGATE as:

Part 1 Corporations June 2011 from a ‘Freedom of Information Technical Manual’

‘75.2 Types of Corporation
There are two [2] types of corporation,

[1] a CORPORATION-SOLE and
[2] a CORPORATION-AGGREGATE

75.3 CORPORATION-SOLE

A CORPORATION-SOLE is an individual person who represents an official position which has a SINGLE-SEPARATE-LEGAL-ENTITY [i.e. DIRECTOR OF PUBLIC PROSECUTIONS FOR NORTHERN IRELAND, SECRETARY OF STATE, etc]. The death of the individual will not affect the corporation as there is a right of succession. The Crown, bishops, deans, vicars and the Lord Mayor of London are examples of a CORPORATION-SOLE. A CORPORATION-SOLE can ONLY-BE-CREATED-BY-STATUTE [i.e. DIRECTOR OF PUBLIC PROSECUTIONS FOR NORTHERN IRELAND via Justice (Northern Ireland) Act 2002 Section 30A].

75.4 CORPORATION-AGGREGATE

A CORPORATION-AGGREGATE is a separate legal entity [i.e. PUBLIC PROSECUTION SERVICE] formed by several individual persons. The CORPORATION-AGGREGATE has an existence which is separate from the persons comprising it. There are three types of CORPORATION-AGGREGATE: chartered, statutory and registered.

75.6 Statutory CORPORATION-AGGREGATE

A statutory CORPORATION-AGGREGATE may only be created by Parliament using a specific piece of legislation for that purpose [i.e. PUBLIC PROSECUTION SERVICE via Justice (Northern Ireland) Act 2002 section 29]. For example, the Iron and Steel Act 1967 which created British Steel.’

From the HM-GOVERNMENT DEFINITIONS: https://www.insolvencydirect.bis.gov.uk/...

WHEREAS “The Cabinet Manual: A guide to laws, conventions and rules on the operation of government” was published by the CABINET-OFFICE in 2011 and states:

‘3.27 It is also the well-established practice for each SECRETARY-OF-STATE to be allocated RESPONSIBILTY by the Prime Minister for a particular DEPARTMENT (for example health, foreign affairs, defence, transport, education etc.) and, accordingly, for each SECRETARY-OF-STATE, in practice, to exercise only those functions that are within that department. It is for the Prime Minister [First Lord of the Treasury] to determine the various departments (see paragraphs 3.55–3.59 on machinery of government changes).

3.28 Most SECRETARIES-OF-STATE are INCORORATED as ‘CORPORATIONS-SOLE’. This gives the MINISTER a SEPARATE-LEGAL-PERSONALITY. This is administratively convenient, for example as regards the ownership of property, because it facilitates continuity when the officeholder changes.’

From “The Cabinet Manual: A guide to laws, conventions and rules on the operation of government” https://assets.publishing.service.gov.uk...

THEREFORE in accordance to the Freedom of Information Act 2000 and as the named Respondent(s) you are required provide the following:

1. Within each constabulary / “force area” in England and Wales, with the exception of the CITY-OF-LONDON [1], the Police Reform and Social Responsibility Act 2011 establishes the public office of each “Chief Constable” as a corporation sole at schedule 2, paragraph 2 [2]; therefore, please ‘confirm or deny’[4] that information, records including, but not limited to legislation, are held that confirms / provides the material evidence that the specific public office, CHIEF-CONSTABLE of the POLICE-SERVICE-OF-NORTHERN-IRELAND, is a CORPORATION-SOLE.

2. Please provide all information, records including, but not limited to legislation, that that incorporates / creates and or provides the material evidence for the public office, CHIEF-CONSTABLE of the POLICE-SERVICE-OF-NORTHERN-IRELAND, as a CORPORATION-SOLE.

3. As the Police (Northern Ireland) Act 2000 at Part I section 1 paragraph 1(1) regarding the name of the “police” in NORTHERN-IRELAND states: “(1)The body [corporation] of constables known as the Royal Ulster Constabulary shall continue in being as the Police Service of Northern Ireland (incorporating the Royal Ulster Constabulary)”, therefore please provide all information, records including, but not limited to legislation, that incorporated / created and or provides the material evidence for the public office, CHIEF-CONSTABLE of the ROYAL-ULSTER-CONSTABULARY, as a CORPORATION-SOLE.

To clarify, this Freedom of Information Act request / claim includes, but is not limited to:

• any sort of information and or record,

• information and records that were authored by public servants, constables, civil servants, etcetera,

• any information, record, briefing paper, correspondence, policy paper update, etcetera,

• any sort of any information, record, published legislation and or order, statute, instrument, that public servants, constables, agents, civilian staff and or employees of the CHIEF-CONSTABLE of the POLICE-SERVICE-OF-NORTHERN-IRELAND or ‘the body [corporation] of constables known as the ROYAL-ULSTER-CONSTABULARY shall continue in being as the POLICE-SERVICE-OF-NORTHERN-IRELAND (incorporating the Royal Ulster Constabulary) and or the ROYAL-ULSTER-CONSTABULARY have downloaded or printed or electronic information, records, computer files and or information / templates kept on electronic systems and data base of the POLICE-SERVICE-NORTHERN-IRELAND the FUJITSU developed – Integrated-Computer-Operating-System ‘ICOS’, the PSNI’s “NICHE”, ‘NICHE-CAUSEWAY(FUJITSU developed)-Adapter, and the FUJITSU developed CAUSEWAY computer system, but not limited to these systems.

[1] The Policing Protocol Order 2011 https://www.legislation.gov.uk/uksi/2011...

“6. This Protocol does not legally bind the Commissioner of the City of London Police or the Common Council of the City of London, which continues to form the police authority for the City of London.” …

“11. The 2011 Act establishes PCCs within each force area in England and Wales with the exception of the City of London. The 2011 Act gives these PCCs responsibility for the totality of policing within their force area. It further requires them to hold the force Chief Constable to account for the operational delivery of policing including in relation to the Strategic Policing Requirement published by the Home Secretary.” …
13. Each PCC and their respective Chief Constable are established in law as corporations sole within the 2011 Act.”

[2] The Police Reform and Social Responsibility Act 2011 is available on the Government Legislation website here: http://www.legislation.gov.uk/ukpga/2011...

[3] “As a Corporation Sole, the Chief Constable is responsible for fulfilling all statutory and legal obligations of the office of Chief Constable …”[2] College of Policing “Chief Constable”
https://profdev.college.police.uk/profes....

“The Police College Northern Ireland also delivers licensed ‘College of Policing’ training products in a variety of areas…” from ‘The Northern Ireland Policing Plan 2020 – 2025’ https://www.nipolicingboard.org.uk/files...

[4]As a public servant you are aware, that it is your duty “to confirm or deny” in accordance to the Freedom of Information Act 2000 Part I ‘Right to Information’ Section I. from https://www.legislation.gov.uk/ukpga/200...

I require each item to have its own specific response that is clearly numbered 1., 2. and 3.

I do not consent to receiving false information / statements, deceitful at common law information / statements, incorrect information / statements, misleading information / statements, dishonest information / statements, misrepresentations and or false representations in any Freedom of Information Act 2000 responses / claims.

As you are aware, a public servant holds a public office and operates in the public in order to serve and protect the public, and is NOT a private servant, thus a public servant’s full name and job title must NOT be redacted in order that there can be accountability for all acts and or omissions.

“Accountability: Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.”
https://www.gov.uk/government/publicatio...

The information requested / claimed is of public interest as there must be openness, transparency, accountability and honesty regarding the POLICE-SERVICE-NORTHERN-IRELAND, MINSTER-OF-JUSTICE, DEPARTMENT-OF-JUSTICE, DIRECTOR OF PUBLIC PROSECUTIONS FOR NORTHERN IRELAND, constables, the judiciary, constables, civil servants, members of the Northern Ireland Civil Service, public servants, etcetera.

The NORTHERN-IRELAND-POLICING-BOARD exists for 1, one, purpose only - to serve the people and has no other purpose. This is not a gift or an altruistic service - it is a public service.

I have the reasonable expectation that you, sinead: simpson: a living woman, doing business as (dba) SINEAD SIMPSON acting as a public servant in the public office Chief-Executive-Officer for the corporation aggregate NORTHERN-IRELAND-POLICING-BOARD, will honour and adhere to, your position of trust, the Seven Principles of Public Life, your duty of care, duty of candour, common law obligations, statutory obligations and protocols that govern public servants.

I have the reasonable expectation that you, mukesh: sharma: a living man, doing business as (dba) MUKESH SHARMA acting as MEMBER-OF-THE-ORDER-OF-THE-BRITISH-EMPIRE “MBE” DEPUTY-LIEUTENANT and Chair for the corporation aggregate NORTHERN-IRELAND-POLICING-BOARD, will honour and adhere to, your position of trust, the Seven Principles of Public Life, your duty of care, duty of candour, common law obligations, statutory obligations and protocols that govern public servants.

The, 7, seven principles of public life are: Honesty; Accountability; Openness; Leadership; Integrity; Objectivity and Selflessness. https://www.gov.uk/government/publicatio...

This notice will be used as material evidence.

This notice is sent without ill will, without vexation, and without frivolity.

You are also hereby noticed that it is not my intention to harass, to intimidate, to threaten, to abuse, to offend, to conspire, to blackmail, to coerce, to cause harm, anxiety, alarm or distress, as the information presented here is done so with peaceful and honourable intentions and is part of due process.

You have been noticed. I have the reasonable expectation that you will govern yourself accordingly.
…………………………….…………………With honour and in pure truth,

……………………..………….………………….…….………By: mary anne: mccloskey:
...…...………………………………………………….………………….All rights reserved:
.…...……………………..………………………….………………All Freedoms Reserved:
..…..………………………………………………………………………….private-civilian:
………………….…Acting in the capacity of ‘Dr Mary Anne McCloskey’ also known as
…………………………………………………………………………‘Dr Anne McCloskey’:
…........………..….Settlor, Executor and Beneficiary for any and all derivatives of / for
.....….…….…….…………………………………………………MARY ANNE MCCLOSKEY:
.....……………………including, but not limited to, DOCTOR MARY ANNE MCCLOSKEY:
…………....……..………………………………………Without recourse Non-Assumpsit:
…………….….…………………………………………………………………I.N.J. & I.N.I.
C.c. To all whom it may concern.
Notice to the principal is notice to the agent, Notice to the agent is notice to the principal

NIPB FOI, Northern Ireland Policing Board

1 Attachment

Dr Anne McCloskey,

 

NIPB reference FOI 46/2024

 

Please see the attached correspondence from NI Policing Board.

 

 

 

Compliance Officer

 

Northern Ireland Policing Board

James House, Block D, 2 – 4 Cromac Avenue, The Gasworks, Belfast, BT7 2JA

Web: www.nipolicingboard.org.uk  / Read:  Policing Matters

NIPB on Twitter  / NIPB on Facebook   / NIPB on Youtube 

 

 

 

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NIPB FOI, Northern Ireland Policing Board

Dr A McCloskey,

 

NIPB ref: FOI 46/2024

 

Request for information under the Freedom of Information Act 2000

 

Thank you for your request for information under the Freedom of
Information Act 2000 which was received by the Northern Ireland Policing
Board on 5 June 2024.

 

We are writing to advise you that the information which you have requested
is not held by the Northern Ireland Policing Board. However, we have
identified that the Department of Justice (DOJ) may hold this type of
information.

 

You can contact the DOJ FOI Team by post at the address below:

 

Department of Justice
Freedom of Information Team & Access to Personal Data
Information Services Division
Block 5
Knockview Buildings
Ballymiscaw
Stormont
Belfast
BT4 3SL

 

Or by e-mail;

[1][email address]

 

Alternatively, if you wish we would be happy to forward your request to
the DOJ FOI Team on your behalf. Please let us know which course of action
you would prefer.

Thank you.

   

Compliance Officer

 

Northern Ireland Policing Board

James House, Block D, 2 – 4 Cromac Avenue, The Gasworks, Belfast, BT7 2JA

Web: [2]www.nipolicingboard.org.uk  / Read:  Policing Matters NIPB on
Twitter  / NIPB on Facebook   / NIPB on Youtube  

 

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