Local Government Act 1888

bob jones made this Freedom of Information request to Norfolk County Council

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Response to this request is long overdue. By law, under all circumstances, Norfolk County Council should have responded by now (details). You can complain by requesting an internal review.

chief clerk,
Norfolk County Council,

dear sir or madam.

in my research on law I have encountered the following,

In the Local Government Act 1888 it specifically states the
following. s79 Incorporation of county council. ss(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 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,

bob jones

FOI, Norfolk County Council

 

Dear Mr Jones

 

Freedom of Information Act 2000 – Information Request      

 

Thank you for your Freedom of Information request, received 27 February
2013.  

 

Our twenty working day deadline for your request is 27 March 2013 and we
aim to respond as soon as possible within the time period.   

 

You will be informed in advance if there is a charge for supplying copies
of the information.  We will also provide an explanation if any
information is not released to you.  If the requested information contains
references to any third parties, we may need to consult with them before
deciding whether or not to release the information.      

 

Should you have any queries regarding your request, please feel free to
contact us at [Norfolk County Council request email].      

 

Yours sincerely    

 

Julie Robinson

Freedom of Information and Data Protection Unit

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Stuart Hopkins left an annotation ()

Looking forward to your reply from this, I submitted one to the Cambridgeshire county council also.

:)

Becky Bbear left an annotation ()

Hi Bob - You may be interested to know that sections 79 to 80 of the LGA 1888 were repealed in full by subsequent legislation in 1933 and 1939 respectively.

If you check the footnote to those section of the 1888 Act on legislation.gov you can follow the footnote links to the two repealing Acts.

Since those section no longer exist, neither do the liabilities they refer to.

I've drawn Stuart's attention to this on the two identical requests he's submitted.

Sorry, but its a dead end.

Becky

bob jones left an annotation ()

hi becky, long time no talk....

whilst much of this act has been repealed by subsequent legislation s79 is still alive.
http://www.legislation.gov.uk/ukpga/Vict...

79 Incorporation of county council..

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 .

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

(3)Where any enactment (whether relating to . . . F2 bridges, or other county purposes, or to quarter sessions) requires or authorises land to be conveyed or granted to, or any contract or agreement to be made in the name of, the clerk of the peace, or any justice or justices or other person, on behalf of the county or quarter sessions, or justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the . . . F3 county concerned. .

Annotations:
Amendments (Textual)

F1 Ss. 79(1), 80 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1939 (c. 40), Sch. 8

F2 Words repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. III and London Government Act 1939 (c. 40), Sch. 8

F3 Word repealed by Statute Law (Repeals) Act 1978 (c. 45), s. 1(1), Sch. 1 Pt. XII

it is only where the symbols f1 etc appear in the actual text thatrevision has been made. I am looking at the latest revision available which means anything not actually still alive and kicking is not shown....

so methinks still relevant.

FOI, Norfolk County Council

Dear Mr Jones

 

Freedom of Information Act 2000 – Information Request

 

I refer to your request for information received on 27 February 2013. In
accordance with the provisions of the Freedom of Information Act 2000, I
have now processed your request.

 

Your request:

In the Local Government Act 1888 it specifically states the following. s79
Incorporation of county council. ss(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 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

 

Our response:

 

The Council does not hold any information relevant to your request. 

 

Whilst we appreciate you have given an interpretation of the Local
Government Act 1888, we do not agree that this is what it is intended to
mean.

 

If you are dissatisfied with our handling of your request you have the
right of appeal through the Council's internal complaints procedure by
setting out the grounds of your appeal in writing to:

 

The Compliments and Complaints Manager

FREEPOST 1H 2076

Norwich NR1 2BR

E-mail: [email address]

 

An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "FOI Appeal".

 

If you are dissatisfied after pursuing the complaints procedure, you may
apply to the Information Commissioner under Section 50 of the Act for a
decision whether your request for information has been dealt with in
accordance with the requirements of Part I of the Act.  Contact details as
follows:-

 

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane, Wilmslow

Cheshire SK9 5AF

E-mail: [email address]

http://www.ico.gov.uk/

 

This response will be published without identifying any personal data on
the Norfolk County Council Freedom of Information website
http://www.norfolk.gov.uk/Council_and_de...

 

The above information has been provided by Norfolk County Council’s
Norfolk Public Law (NpLaw) Shared Legal Service

 

 

 

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Stuart Hopkins left an annotation ()

Thats hilarious, are you having trouble reading the act it self. Have you sought legal advise or the help from someone who can understand government Acts. I think an internal review is needed here.

Becky Bbear left an annotation ()

Could be a technically accurate response - the Council may not hold any information on what 'duties and liabilities' inhabitants of the County had prior to the 1888 Act.

So far all I've been able to identify is a general responsibility to maintain roads/bridges, make provision for the poor and contribute towards the Militia.

It's proving surprisingly difficult to narrow down individual inhabitants tax responsibilities pre-1888.

Dear FOI,

could you state what your interpretation of this section of the act is, and how you arrive at that interpretation.

Yours sincerely,

bob jones

FOI, Norfolk County Council

 

Dear Mr Jones

 

Thank you for your email.  The Freedom of Information Act 2000
(FOIA) relates to rights to obtain information held by public
authorities.  Your request is to provide an interpretation of legislation,
and this is outside the scope of the FOIA.  Therefore, we are sorry but we
are not able to reply to your question on this occasion.

 

Regards

Julie Robinson
Freedom of Information and Data Protection Unit

 

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