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Dear Capel Manor College,

This request follows legal and mandatory legislation under the European Performance of Buildings Directive and specifically TM44 Air Conditioning Assessments certification. Your Air Conditioning Assessments Certificates should be readily available at all times and be lodged on the government Landmark database. Failure to have appropriate Certificates will be subject to fines of £300 per building, each week.

Q. It is a legal requirement that you hold valid TM44 Air Conditioning Assessments if any building has a total of more than 12kw of air conditioning present. Certificates are valid from 5 years of the issue date. Have you undertaken a TM44 Air Conditioning Assessments?
Q. Who is the responsible person for ensuring that your buildings are surveyed and assessed, please provide the name, address, email address and telephone number of the responsible person.
Q. If your TM44 Air Conditioning Assessments Certificates are in place, what is their expiry date?
Q. What was the order value of the works placed with the Company which undertook the work?
Q. Provide a breakdown of the price per building if available.
Q. How many Certificates were produced?
Q. Was the Assessor independent as required under the Regulations?
Q. Name the Assessor organisation.

Yours faithfully,

Scott Davies

Capel Manor College

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Capel Manor College

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To: FOI requests at Capel Manor College <[Capel Manor College request email]>
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Subject: Freedom of Information request - Information
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Natalie, Capel Manor College

Thank you for your FOI request. As you will be aware the College is entitled to levy a reasonable charge to offset our expenses and time. I will process your request on receipt of your cheque for £75 made payable to Capel Manor College. This will cover up to 45 minutes, if longer is needed you will be charged a further £75 per hour. I look forward to receiving your cheque.

Nick Evans
Director of Estates and Buildings.

Dear Natalie,

Sorry but your policy conflicts with the express provision of the Freedom of Information Act 2000.

The Act states that a fee can be applied whereby resourcing exceeds £450.00 in total on a £25.00 per hour basis.

This request centres on statutory and legal documentation which is presentable on request, therefore this removes the question of resource allocation.

Please provide further response, the statutory 20 day response period is still valid from initial contact.

Yours sincerely,

Scott Davies

Paul Staples left an annotation ()

Requester.
You cannot base this on FOI Fees Regs. Almost certainly falls under EIR and they can make a 'reasonable charge'.
They have however failed to explain this and I do not think the basis of their calculation is reasonable.

Scott Davies left an annotation ()

Correct, the below ICO source is helpful in judging costs for EIR requests.

The ICO referrers to the FOI fee exception as a guide and states. "You should also bear in mind that there is a presumption in favour of disclosure under the Regulations."

To apply a fee below FOI thresholds would devalue the EIR and is not the intention of the act.

Source: https://ico.org.uk/for-organisations/gui...

Natalie, Capel Manor College

1 Attachment

Dear Scott

Please see the attached in response to your query.

Best wishes.

Natalie

Paul Staples left an annotation ()

"To apply a fee below FOI thresholds would devalue the EIR and is not the intention of the act."

Unfortunately the Tribunal has confirmed many times that FOI costs rules cannot be imported to EIR cases, and the ICO's concessions in the East Sussex case http://bit.ly/1JydDKJ as to the basis of charging make a significant difference too. On the latter we are however awaiting a decision from the CJEU following a referral hearing in December.

Fortunately looks like authority has seen sense in this case. As is often the case providing the info is probably cheaper than arguing esoteric points.