Local Government Act 1888

East Devon District Council did not have the information requested.

Dear East Devon District Council,

In the Local Government Act 1888 it specifically states the
following;

Section 79 Incorporation of county council.

(2)All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.

Can you please confirm that you operate under the Local Government Act 1888 as required by law?

Since you are therefore, according to this statute, liable for the inhabitants liabilities, does this not mean that you are also liable for the inhabitants council tax?. Not withstanding other liabilities which inhabitants of said council may possess.

Would you kindly outline the format in which such liabilities and duties may be presented to you for payment.

Yours faithfully,

Brian Johnson.

Kate Symington, East Devon District Council

Mr Johnson

Thank you for your email. I am not entirely sure what it is you are asking for, in terms of information held. On reading your request, I wonder if, in fact, it would be more appropriate for this matter to be referred to Devon County Council. Contact details for Devon County can be accessed here www.devon.gov.uk

If I have misunderstood your request, please accept my apologies. If that is the case, I would appreciate clarification of the exact information requested.

In terms of the Local Government Act, I believe the most up-to-date legislation can be accessed here http://www.legislation.gov.uk/ukpga/1972...

Regards

Kate Symington
Information and Complaints Officer
East Devon District Council

01395 517417
www.eastdevon.gov.uk

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Dear Kate Symington,

I think my request was quite straightforward, but I will try and make it simpler for you to understand.

Could you please tell me whether East Devon County Council has any duty to fulfill there obligations with regards to the following section of Legislation:

http://www.legislation.gov.uk/ukpga/Vict...

Specifically section (2) which states:

"All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county."

This information is held by the Councils solicitors I suspect.

Yours sincerely,

Brian Johnson

Brian Johnson left an annotation ()

Can you also please confirm that you operate under the Local Government Act 1888 as required by law?

Kate Symington, East Devon District Council

Mr Johnson

As per my previous email - it is still not clear whether or not you would like this request to be addressed by the District Council (EDDC) or whether it is a County matter - I note your email refers to East Devon County Council - hence there is some confusion.

Kate Symington
Information and Complaints Officer
East Devon District Council

01395 517417
www.eastdevon.gov.uk

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Dear Kate Symington,

The District Council (EDDC) please.

Yours sincerely,

Brian Johnson

Kate Symington, East Devon District Council

Mr Johnson

Much of this Act has been repealed.

I can confirm that we have no information held in response to this query as it currently stands.

As previously advised, you may wish to contact Devon County Council for further information.

Kate
ext 2617

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Dear Kate Symington,

"Much of this Act has been repealed."

I am aware of this, but the section I am asking about has not.

"I can confirm that we have no information held in response to this query as it currently stands."

Did you ask anybody or is this an assumption on your part?

"As previously advised, you may wish to contact Devon County Council for further information."

Sorry, but you are asking me to do your job for you. I believe the onus is on you to provide information and not merely pass this responsibility on to members of the public making an FOI request.

Yours sincerely,

Brian Johnson

Kate Symington, East Devon District Council

Mr Johnson

I can only confirm again to you that no information is held in response to your request. This advice has been provided to me by our Legal team.

If you feel dissatisfied with the way we have responded to your request, please email our Deputy Chief Executive and Monitoring Officer, Mrs Denise Lyon [email address] or fill in our online complaint form at www.eastdevon.gov.uk

You may also contact the Information Commissioner for advice at www.ico.gov.uk or on 0303 123 1113

Kate Symington
Information and Complaints Officer
East Devon District Council

01395 517417
www.eastdevon.gov.uk

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Wesley Hayden left an annotation ()

Sorry, where do councils get their authority and finances from again?
The inhabitants or a bunch of thugs that can only prove their authority by means of physical violence to enforce a legal style law?
So if council tax is levied for services, how can we explain multi million pound offices being built and large corporate director salaries being paid out? Is a promise to pay the bearer on demand the same as "payment" itself ?? Last time I checked a government was claiming poverty, besides that, is not being able to afford to pay council tax the same as refusing to pay? What do you think the corrupt courts will say?
Are the councils donating the food in the food banks up and down the country as well? Inhabitants of the borough or district need food also, services not being the same as the production of food or the need to inhabit a dwelling, maybe its time for the people to take what is theirs, most obvious is the right to the fruits of the land......
Oh that's right,90% of the inhabitants consume but don't produce or are practically kept alive by supermarkets......