Planed Visits

Michael Fitzgibbons made this Freedom of Information request to Canal & River Trust

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 refused by Canal & River Trust.

Michael Fitzgibbons

Dear Canal & River Trust,

I was interested to read the article in Aprils Boaters Update penned by Ivor Caplan. The article was a request for information on how to bring younger people into boating.

I was intrigued by the comment. “I know from speaking with many boaters, particularly those involved with organisations such as boat clubs, societies and trusts, how important they see this issue and I would appreciate receiving any comments.”

I have searched the trusts website and I am unable to find a list of visits planned by our representatives either in the past or in the future at clubs, societies, trusts and other organisations.

Can you supply a list of previous and future planned visits (venue, time and date) made by the various boater representatives. - Ann Farrell, Chris Bailey, Clive Henderson, Ivor Caplan and Vaughan Welch.

Thanking you in anticipation.

Yours faithfully,

Michael Fitzgibbons

Information Request, Canal & River Trust

Dear Mr Fitzgibbons,

Thank you for your e-mail which I received last Friday.

Having considered your request, I am writing to let you know that we do not consider the information you have requested to be subject to the limited application of the Freedom of Information Act 2000 to Canal & River Trust.

The Canal & River Trust is a charitable company limited by guarantee that is not owned or controlled by any public body. Accordingly it is not a “publicly owned company” within the meaning of s.6 Freedom of Information Act 2000. Furthermore, Canal & River is not a body listed in Schedule 1 of the 2000 Act on an unlimited basis (unlike public authorities) and is therefore not subject to the Freedom of Information Act for the generality of its activities. That includes its general administration and organisational management and the general conduct of its business. Therefore, in that context Canal & River Trust is in the same position as other charities independent from government.

The Canal & River Trust is however also a statutory undertaker and for a limited range of its activities it derives its powers from statutory functions transferred to it from the British Waterways Board (“BW”) by the British Waterways Board (Transfer of Functions) Order 2012 (“the Order”). The Order amended the Freedom of Information Act 2000 to provide that the 2000 Act applies only to information held by Canal & River Trust relating to the functions (i.e. statutory powers and duties) transferred from BW to Canal & River Trust by virtue of the Order. Only certain of the statutory functions of BW were transferred to Canal & River Trust - essentially those giving it authority and obligations to operate and maintain the waterways.

The generality of the other activities of Canal & River Trust are exercised by it as a company limited by guarantee outside the public sector and are not dependent on statutory powers. Accordingly, Canal & River Trust is not a public body subject to the requirements of the Freedom of Information Act in respect of its activities that are not exercisable by virtue of specific statutory functions transferred to it.

Therefore, in formal response to your request under the Freedom of Information Act, I have to inform you that Canal & River Trust is not under any duty under the Freedom of Information Act 2000 to provide the information you have requested since it does not relate to any functions exercisable by it by virtue of the 2012 Order.

Nevertheless, the contact details for the boating representatives are all listed on the Boaters' Update article you refer to (http://canalrivertrust.org.uk/news-and-v...) and you would be welcome to ask each of them if they have any visits planned. Alternatively you could contact Damian Kemp, our Boating Consultations and Communications Manager, in case he has any details of these visits.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow my Blogs and the Canal & River Trust’s Customer Service team on Twitter
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Michael Fitzgibbons

Dear Canal & River Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Planed Visits'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Michael Fitzgibbons

Information Request, Canal & River Trust

1 Attachment

Dear Mr Fitzgibbons,

Please find attached our second response.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow my Blogs and the Canal & River Trust’s Customer Service team on Twitter
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Michael Fitzgibbons

Dear Information Request,

I find it amazing that as a member of the CaRT electorate by way of paying a boat licence fee. My elected representative(s) can hold meetings in public or as in this case seemingly clandestine without anyone in the electorate being informed and able to make a choice to attend or otherwise the meetings.

I note that it is a refusal to provide the requested information rather than the trust not holding such information.

I shall refer the refusal to the Canal and River Trust complaints procedure.

Regards

Mick Fitzgibbons

Yours sincerely,

Michael Fitzgibbons

Information Request, Canal & River Trust

Dear Mr Fitzgibbons,

Thank you for your e-mail today.

I would like to clarify a couple of points.

You have made a formal request for information to the Trust in accordance with the Freedom of Information Act 2000. Our responses have explained to you why your request falls outside of the scope of the Canal & River Trust's obligations under this Act. If you are dissatisfied with our decision that the information you have requested is outside the scope of our Freedom of Information Act obligations then you are entitled to contact the Information Commissioners Office. They will be able to consider your complaint now that you have received our second response.

The trust's formal complaints procedure is not the appropriate route to raise any dissatisfactions you have about a Freedom of Information Act response.

However, within both responses we have helpfully tried to point you into the most appropriate direction in order to obtain more detail about the contents of this article which is not, for various reasons, via the Freedom of Information Act.

I am unable to tell you whether any dates have been arranged or even whether it is their intention at this stage to arrange any formal meetings in order to better understand how to encourage young people to become boaters. My understanding, from the wording of the article, is that they are looking for your feedback by e-mail. That is why we have suggested you contact the named representatives, including Ivor, directly in the first instance.

Their details are reproduced for you again below:

Boating:
Ann Farrell: [email address]
Chris Bailey: [email address]
Clive Henderson: [email address]
Ivor Caplan: [email address]
Vaughan Welch: [email address]

Business boating:
Nigel Stevens: [email address]
Tony Matts: [email address]

Kindest regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Follow my Blogs and the Canal & River Trust’s Customer Service team on Twitter
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Roger Hanbury, Canal & River Trust

Dear Mr Fitzgibbons

 

Sarina Young has passed to me the correspondence with you arising from the
piece in Boaters Update written by Ivor Caplan and [1]published on our
website.

 

As I understand it, your concern is that we have, in your view, refused to
make available details of meetings which you believe the Boater
representatives on the Trust Council are holding with boaters, boat clubs,
societies and trusts in connection with their interest in attracting young
people to boating. 

 

I have spoken to Ivor Caplan and he confirms that the boater
representatives have not arranged any public meetings on this matter. 
They have, however, used their own informal contacts with boaters and
boating organisations to form their views which helped in the drafting of
the paper that was discussed at the March meeting of the Council.  As a
follow-up to the Council meeting, and having raised the awareness of the
issue, Ivor and those who contributed to the paper would be glad to have
any further feedback.  The paper is available on the website [2]here as
part of the record of the March 2014 meeting.

 

Since the Council meeting, they have not organised any public meetings but
anyone who would like to make a comment is welcome to contact Ivor or any
of the other members involved.  All contact details are on the website on
the [3]Council page  which includes an email link for each member.

 

I hope this clarifies the position. I have copied my response to Ivor who
would be glad to hear from you.

 

With kind regards

 

Roger Hanbury

Head of Governance Services

 

T: 01452 318220

M: 07711 796401

[4][email address]

 

Canal & River Trust, Gloucester Waterways Museum, Llanthony Warehouse, The
Docks, Gloucester, Gloucestershire, GL1 2EH

 

 

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Canal & River Trust is a charitable company limited by guarantee
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number 1146792. Registered office address First Floor North, Station
House, 500 Elder Gate, Milton Keynes MK9 1BB.

Elusen newydd yw Glandŵr Cymru sy’n gofalu am 2,000 o filltiroedd o
ddyfrffyrdd yng Nghymru a Lloegr. Cymerwch ran, ymunwch â ni - Ewch i
Rhoddion a Gwirfoddoli yn www.glandwrcymru.org.uk

Mae Glandŵr Cymru yn gwmni cyfyngedig drwy warant a gofrestrwyd yng
Nghymru a Lloegr gyda rhif cwmni 7807276 a rhif elusen gofrestredig
1146792. Swyddfa gofrestredig: First Floor North, Station House, 500 Elder
Gate, Milton Keynes MK9 1BB.

References

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