Local Government Act 1888

Stuart Hopkins made this Freedom of Information request to Cambridgeshire County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Cambridgeshire County Council,

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

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 confirm that you operate under the Local Government Act 1888 as required by law.

Since you are therefore 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 possess

Yours faithfully,

Stuart Hopkins

Becky Bbear left an annotation ()

Stuart - Same answer, sections 79 to 80 of the 1888 Act were repealed in full by the two later 1930's Acts.

Since they no longer exist, the evidence for this being the 1933 and 1939 Acts adopted by Parliament, clearly no point in asking if they apply today.

Becky

FOI, Cambridgeshire County Council

Dear Mr Hopkins

Re: Freedom of Information Request ref 2683

Thank you for your email, received on 4 March, in which you requested
information about Local Government Act 1888.

Your request will be dealt with in line with the Freedom of Information
Act and its regulations. In accordance with the Act, the Council aims to
respond to all requests within 20 working days, in this instance by 3
April.

If we require further information, clarification or a fee in order to
fulfil your request we will contact you again. Please quote the
reference number above in all future correspondence concerning this
request.

Yours sincerely,

Matthew Smith
Information Governance Officer

RES1405
Cambridgeshire County Council
Shire Hall
Cambridge
CB3 0AP
01223 714694

show quoted sections

Paul of the Woods Family left an annotation ()

whilst much of this act has been repealed by subsequent legislation s79 is still alive.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....

Jenner Clare, Cambridgeshire County Council

1 Attachment

Dear Mr Hopkins,

Thank you for your request which has been dealt with in line with the
Freedom of Information Act 2000. Please find attached Cambridgeshire
County Council's response to your request - I hope you find this
helpful. If you have any further questions, please do not hesitate to
contact me.

If you are unhappy with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision, you should write to Sarah Priestley, Information Governance
Manager c/o Information Governance Team, Box RES1405, Shire Hall,
Cambridge, CB3 0AP within 40 days of the date of this email.

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO will not undertake a review or make a decision on a request unless
you have exhausted the complaints procedure provided by the Council.
The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF.

Kind regards,
Clare Jenner
Cambridgeshire County Council
01223-699241

<<FOI_2683_RES.pdf>>

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Dear Jenner Clare,

My Freedom of Information Request did not ask if Cambridgeshire County Council holds information relating to the 1888 Act Section 79. 2

Since this is clearly held on a government database and is clearly visible by following the link below http://www.legislation.gov.uk/ukpga/Vict...

The question I am asking is since this section of this this Act has not been repealed it obviously applies to you, and as such you are liable are you not?

Please read the Act in the link provided above.

Assuming that an Act only applies to someone or some entity so long as they have this Act in their possession, or whether or not they hold information relating to the Act is an assumption we would all like to make.

Can you clarify that since I do not hold information on my person relating to council tax enforcement that Act does not apply to me?

Please can you clarify for the record that Acts of parliament only apply, if the person or entity holds information on the Act.

Yours sincerely,

Stuart Hopkins

Jenner Clare, Cambridgeshire County Council

Hello Mr Hopkins,

Cambridgeshire County Council operates within the law and as required by
law. I understood the question to be whether the 1888 Act states that
the County Council is liable to pay Council Tax on behalf of our
residents. This appears to be a matter of interpretation of the Act and
the original intended meaning of "duties and liabilities".

The Freedom of Information Act 2000 was designed for people to access
recorded information; we do not hold any recorded information that can
answer this question.

I suggest that Freedom of Information is not the right vehicle for your
question, although I do not know what the right vehicle may be as I have
not encountered this type of enquiry before. I feel you would be happier
to have an in-depth discussion so contacting your MP may be an option,
or perhaps a solicitor with specialist knowledge of this field.

Kind regards,
Clare

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John Paffvett left an annotation ()

Council tax is a duty and liability hence "Liability Order". Since there is no duty under this act there is no liability and NO Enforcement Can take place. Then again I could be wrong, check it out!

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