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making information rights requests. Please bear with us during this
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Important:- During this pandemic you may experience understandable delays
when making information requests. Please bear with us during this period.
Dear Mike Hutton,

We acknowledge with thanks your request for information held by Bolton
Council received at this office on 06 June 2021.

This request will be considered under the Freedom of Information Act 2000
and may take up to 20 working days to be processed (although we will
endeavour to provide the information as quickly as possible).

Please be advised that if an exemption applies to the information that you
have requested, the statutory period may be exceeded in accordance with
the provisions of the act.

Please retain the reference number RFI 008299 for any future enquiries
regarding this matter.

Many thanks

The Information Governance Team

1^st Floor, Town Hall, Bolton, BL1 1RU

>>Corporate Logo<<
This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations.

This footnote also confirms that this e-mail message has been swept for
the presence of computer viruses currently known to Bolton Council.
However, the recipient is responsible for virus-checking before opening
this message and any attachment.

Unless expressly stated to the contrary, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Bolton Council.

http://www.bolton.gov.uk/

Dear Mike Hutton

Request for Information

I write further to your request for information received on 6 June 2021.
We have assessed if your request should be handled as a Freedom of
Information Act 2000 request and have concluded that it should be dealt
with under the Environmental Information Regulations 2004 (EIR), which is
the legislation that applies to requests for information which relate to
the environment.

Your requested

Please provide the following information for individual ward councillors
in Heaton and Lostock ward relating to the Chorley New Road Emergency
Active Travel scheme:

- Total number of communications received by each ward councillor from
residents relating to the scheme

- The number received each month by each ward councillor from September
2020 to May 2021

- The breakdown of communications that are wholly supportive of the
scheme, wholly unsupportive of the scheme, those with a mixture of
supportive/unsupportive comments and those that are neutral (I believe
this information is available as some ward councillors have spoken
publicly about resident communications on the scheme)

- Anonymised copies of all communications received relating to the Chorley
New Road Emergency Active Travel scheme

Our response

Bolton Council has considered your request for information and feels that
the information requested is exempt from disclosure under the
Environmental Information Regulations 2004 (EIR).

EIR provides that when refusing a request, Bolton Council must provide a
notice which:

· states that the request has been refused,
· specifies the exemption in question, and,
· states (if that would not otherwise be apparent) why the exemption
applies.

The Council considers that the exception under regulation 12(4)(a) applies
to your request; regulation 12(4)(a) provides an exception to the release
of Environmental Information where the public authority does not hold that
information when an applicant’s request is received.

An elected member of a council is likely to have a number of different
roles and whether or not information which is held in relation to them
falls under the Freedom of Information Act 2000 or the Environmental
Information Regulations 2004 depends on the function that they were
carrying out at that time. 

Information which relates to them carrying out the functions of the local
authority, such as being a cabinet member, representing the Council on a
regional group, or being a member of a committee, are subject to the
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004.  However, information relating to their function as an
elected ward member is not, even if that information is stored on the
council’s computer system. This information is held by ward members and
not by the Council and therefore is not held. You may wish to contact the
Councillors direct to ask for any details they may wish to share.

Should you disagree with our decision, you may appeal to:
The Borough Solicitor, Bolton Council, Town Hall, Bolton, BL1 1RU
Email: [1][email address]

Should you further disagree with the decision following the appeal you may
wish to contact the Information Commissioner:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
[2]www.ico.gov.uk
Tel: 01625 545700, Fax: 01625 524510

Should you have any queries, please contact [3][email address]

Yours sincerely,

Information Governance Officer
Information Governance Team
[4]www.bolton.gov.uk

>>Corporate Logo<<
This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If you are not the addressee please e-mail it back to the sender and then
immediately, permanently delete it. Do not read, print, re-transmit, store
or act in reliance on it. This e-mail may be monitored by Bolton Council
in accordance with current regulations.

This footnote also confirms that this e-mail message has been swept for
the presence of computer viruses currently known to Bolton Council.
However, the recipient is responsible for virus-checking before opening
this message and any attachment.

Unless expressly stated to the contrary, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Bolton Council.

http://www.bolton.gov.uk/

References

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2. http://www.ico.gov.uk/
3. mailto:[email address]
4. http://www.bolton.gov.uk/