Is the Police a Corporation

harry made this Freedom of Information request to Kent Police and Crime Commissioner

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Dear Kent Police and Crime Commissioner,

Please can you confirm if the Police force is a Corporation?

If its a Corporation, please can you advise me the name of your corporation?

Yours faithfully,

Harry

PCC Correspondence Kent, Kent Police and Crime Commissioner

For details of how we use your personal information, please visit
[1]www.kent-pcc.gov.uk/privacy

 

Thank you for your email. 

 

If you have not already provided this information, I would be grateful if
you could reply to this automated response with your address and any crime
or incident reference numbers that are relevant to the issue you have
raised.

 

As the Police and Crime Commissioner (PCC), I set Kent Police's
county-wide priorities and hold the Chief Constable to account for
delivering them. I decide the council tax precept and determine the
overall Police budget. I also commission services for victims and Crime
prevention.  However, I am not responsible for operational matters, such
as Police complaints (except those against the Chief Constable) or
deployment of Officers, so your email may be referred to Kent Police or
another body.

 

You should not e-mail the Office of the Police and Crime Commissioner in
an emergency.  When life is in danger or a crime is in progress, always
call 999.

 

Please note the following in respect of Coronavirus/Covid-19:  The Office
of the Police and Crime Commissioner (OPCC) cannot provide guidance or
clarification on how to comply with the Government’s advice.  In this
respect you should refer to [2]Government and [3]NHS resources.  If you
are contacting us to report a breach of the advice, you should instead
refer to the [4]process provided on the Kent Police website.

 

Once again, thank you for taking the time to contact this Office.

 

Kind regards 

 

Matthew Scott

Kent Police and Crime Commissioner

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

References

Visible links
1. https://eur03.safelinks.protection.outlo...
2. https://www.gov.uk/guidance/local-restri...
3. https://eur03.safelinks.protection.outlo...
4. https://www.kent.police.uk/tua/tell-us-a...

PCC Correspondence Kent, Kent Police and Crime Commissioner

2 Attachments

Dear Harry

 

Thank you for contacting the Office of the Kent Police & Crime
Commissioner (OKPCC) to request information under the Freedom of
Information Act (FoIA).

Section 1 of the FoIA places two duties on public authorities:

 

o Unless exemptions apply, the first duty at Section 1(1) (a) is to
confirm or deny whether the information specified in a request is
held. 

 

o The second duty at Section 1(1) (b) is to disclose information that
has been confirmed as being held. 

 

o Section 17 of the FoIA requires that where exemptions are relied upon,
we provide the applicant with a notice which:

 

o states that fact
o specifies the exemption(s) in question and
o states (if that would not otherwise be apparent) why the exemption
applies.

Your request is in bold below and the response of the OKPCC is beneath.

 

Please can you confirm if the Police force is a Corporation?

 

If its a Corporation, please can you advise me the name of your
corporation?  [sic]

 

The information you have requested is held by the OKPCC.  It is however
considered exempt from release by virtue of the exemption at Section 21 of
the FoIA – information reasonably accessible by other means. I have
however provided you with hyperlinks to access the information, and to
assist further some contextual details.

The OKPCC is a separate/different organisation to Kent Police and in
accordance with the [1]Policing Protocol Order 2011 is not responsible for
operational policing (e.g. the day-to-day activities of Kent Police
officers and staff); our role is one of oversight and providing support to
the Commissioner in discharging his statutory responsibilities.

 

The [2]Police Reform and Social Responsibility Act 2011 provides that a
Chief Constable is a corporation sole.  As you may be aware, a corporation
sole is a legal entity consisting of a single (‘sole’) incorporated
office, occupied by a single (‘sole’) natural person.  This structure
allows corporations to pass without interruption from one officeholder to
the next, giving positions legal continuity with subsequent officeholders
having identical powers and possessions to their predecessors.   The name
of the corporation for a police force is ‘The Chief Constable of’ with
the addition of the name of the police force.  Consequently, for the Kent
Police jurisdiction – The Chief Constable of Kent Police.

 

There is a Police and Crime Commissioner (PCC) for each police area
outside London.  The functions of this role are conferred by the Police
Reform and Social Responsibility Act 2011 and other enactments, and this
Act provides that the Police and Crime Commissioner is also a corporation
sole.  The relevant name is “The Police and Crime Commissioner for” with
the addition of the name of the police area.  Consequently, for the Kent
Police jurisdiction – The Police and Crime Commissioner for Kent.

 

As each PCC and their respective Chief Constable are established in law as
corporations sole within the 2011 Act, both are enabled by law to employ
staff and hold funds. Chief Constables are charged with the impartial
direction and control of all constables and staff within the police force
that they lead. The staff of the PCC are accountable to the directly
elected holder of that office to enable the PCC to exercise their
functions.

 

In closing, the Policing Protocol Order 2011 is issued in accordance with
the requirements of the Police Reform and Social Responsibility Act 2011. 
It sets out to all PCCs and the Mayors Office for Policing and Crime,
Chief Constables, Police and Crime Panels and the London Assembly Police
and Crime Panel how their functions will be exercised in relation to each
other.  Within his role, the PCC, Mr Matthew Scott sets Kent Police’s
county-wide priorities, holds the Chief Constable to account for
delivering them and establishes the overall police budget.  The
Commissioner’s [3]Police and Crime Plan sets out his vision and priorities
for policing and community safety, as well as the objectives and ambitions
that Kent Police will be held to account on. 

 

Under the FoIA, if you feel your request has not been properly handled or
you are otherwise dissatisfied with the outcome of your request, you have
the right to appeal. This would be to this Office in the first instance.
You can do this by e-mail or by post to the address at the foot of this
communication.  Any such request should be received within 40 working days
of the date of this response. We will then conduct an internal review to
investigate the matter and endeavour to reply within 20 working days.  If
your appeal concerns the decision to apply an exemption, it would assist
the review if you outline why you believe the exemption does not apply. 

 

If you remain dissatisfied following this process and do not believe we
can help you any further, then you may wish to apply to the Information
Commissioner at Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF for
a decision.  [4]Further information can be found on the Information
Commissioner’s website.   

 

Yours sincerely

 

(sent unsigned by email)

 

S. SCOTT

Office and Data Protection Manager

 

Office of the Kent Police & Crime Commissioner,

Kent Police, Sutton Road, Maidstone, Kent ME15 9BZ

 

Office telephone: 01622 677055

Email: [5][Kent PCC request email]

 

Website: [6]www.kent-pcc.gov.uk

Twitter: [7]@PCCKent

 

For details of how we use personal information, please read
our [8]Privacy Statement.

 

If you require this e-mail or any attached documents in an alternative
or more accessible format, please [9]contact us to let us know.

[10]pcc-email-signature

 

 

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

References

Visible links
1. https://eur03.safelinks.protection.outlo...
2. https://eur03.safelinks.protection.outlo...
3. https://eur03.safelinks.protection.outlo...
4. https://eur03.safelinks.protection.outlo...
5. mailto:[Kent PCC request email]
6. https://eur03.safelinks.protection.outlo...
7. https://eur03.safelinks.protection.outlo...
8. https://eur03.safelinks.protection.outlo...
9. https://eur03.safelinks.protection.outlo...