Governing Law, Naming Conventions, and Financial Operations
Dear Sir/Madam,
Under the Freedom of Information Act 2000, I am requesting information regarding Wirral Council's legal governance, naming conventions, and financial operations. This request is based on the following observations:
Despite operating publicly as "Wirral Council" since 2010, the Council's Constitution (e.g., Sections 4.5.11.1 and 5.1.1 of the financial regulations) continues to reference "Wirral Borough Council."
Companies House filings list "Wirral Borough Council" as a Person with Significant Control (PSC) for various entities, citing governing law as either the Local Government Act or "England."
Many councils across the UK operate similarly, with some PSC filings referencing "UK" as the governing law for public-facing entities.
Questions:
1) Governing Law:
Under which governing law does Wirral Council operate: "England and Wales" or "UK"?
If multiple jurisdictions apply, what is the statutory basis for this?
2) Naming Conventions:
a. Why does the Council continue to use "Wirral Borough Council" in its Constitution and Companies House filings while publicly operating as "Wirral Council"?
b. Does the Council legally operate as "Wirral Borough Council" in any capacity, and if so, under what authority?
3) Financial Instruments and Beneficiaries:
a. Which legal entity is the beneficiary of debt instruments issued within the borough (e.g., Council Tax, PCNs, school fines)?
b. Are these debts issued in the name of "Wirral Borough Council" or "Wirral Council," and what is the legal distinction?
4) Summonses and Legal Proceedings:
a. In legal proceedings such as Council Tax summonses, is Wirral Council the claimant, and if so, under what legal capacity?
b. Are judgments or awards from these proceedings granted to Wirral Borough Council? If so, please explain the legal relationship between these entities in this context.
5) Companies House Filings:
a. Why do Companies House filings post-2010 continue to reference "Wirral Borough Council" as a PSC?
b. What is the legal relationship between "Wirral Council" and "Wirral Borough Council" in this context?
The discrepancies between the Council's public-facing identity, financial regulations, legal filings, and legal proceedings raise important questions about statutory compliance and transparency.
Note: All responses must be supported by relevant legislation, internal manuals, policies, documents, or any other evidence relied upon to provide clarity and ensure accuracy.
I look forward to your response within the statutory timeframe.
Kind regards,
David.
Information request
Our reference: 758053
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Dear David
Freedom of Information Act 2000
Thank you for your request received on 12 February 2025. We are unable to
deal with your request for the following reason:
It is not a valid FOI request as you have failed to provide your full
name, as required by Section 8(1)(b) FOIA which states that a valid
request will 'state the name of the applicant'.
Please provide your surname and we will be happy to reconsider your
request.
Yours sincerely
Lynette Paterson
Principal Information Governance Officer
Information Governance - Legal & Corporate Services
NOTE: Please do not edit the subject line when replying to this email.
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify the sender
immediately.
Dear Lynette,
Thank you for you swift reply. Section 8(1)(b) does indeed state that. However, it does not state 'name and surname'. If you review a birth certificate, it clearly states in the 'CHILD' box 'name and surname'. They are 2 separate things. As section 8(1)(b) states 'name', my name is David Alexander. The surname is clearly visable at the top of this request.
If you believe name means name and surname, could you please provide official proof of this.
I hope that clears this matter up and I look forward to a reply to my request, regarding the ambiguous use of different names, including but not limited to Wirral Council, Wirral Borough Council, Wirral MBC etc.
Yours sincerely,
David Alexander.
Information request
Our reference: 758053
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Dear David Alexander
Freedom of Information Act 2000
Thank you for your request for information that was received on 12
February 2025.
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 12 March 2025.
Yours sincerely
Lynette Paterson
Principal Information Governance Officer
Information Governance - Legal & Corporate Services
NOTE: Please do not edit the subject line when replying to this email.
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify the sender
immediately.
Information request
Our reference: 758053
══════════════════════════════════════════════════════════════════════════
Dear David Alexander
Thank you for your request for information received on 12 February 2025.
Please find attached our response to your request.
Yours sincerely
Lynette Paterson
Principal Information Governance Officer
Information Governance - Legal & Corporate Services
NOTE: Please do not edit the subject line when replying to this email.
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify the sender
immediately.
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