SC10703 Culture and Heritage Conservation and Repair Scheme

Our Reference:23/02703

 

Dear Ms Bennett,

 

Re: Information Request – SC10703 Culture and Heritage Conservation and
Repair Scheme

 

Thank you for your email on 17 July in which you requested the following
information:

 

The Historic England website contains some terms and conditions which are
presented as being a subsidy scheme, however these are incomplete and
therefore do not appear to satisfy the legal requirements necessary to be
recognised as a legacy scheme under the Subsidy Control Act 2022.

 

I’d like to understand whether, despite this, Historic England is still
using the subsidy scheme to award public funds.

 

1. Is Historic England still using SC10703 Culture and Heritage
Conservation and Repair Scheme to award public funds?

 

2. What is the total value of the subsidies conferred under SC10703
Culture and Heritage Conservation and Repair Scheme since it was
established on 1 December 2022?

 

3. Where external legal advice was received in setting up SC10703 Culture
and Heritage Conservation and Repair Scheme please provide the name of the
adviser and a copy of the advice provided.

 

4. Please provide the date Historic England became aware that SC10703
Culture and Heritage Conservation and Repair Scheme did not provide cover
for subsidies due to the failure to publish all the required information
at the time of establishing the scheme.

 

5. Please provide the subsidy amount allowed for a large building
converting a grade II listed building that will be sold once the works are
completed, under SC10703 Culture and Heritage Conservation and Repair
Scheme.

 

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004). We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

 

Yours sincerely, 

 

Information Rights Team

 

Historic England

The Engine House

Swindon

SN2 2EH

 

Telephone: 01793 414567

 

We will keep a record of contact details provided by you and details of
your enquiry for administrative purposes.  We will not use these details
for marketing purposes and we will never sell your personal details or
share your information with another organisation for marketing purposes.
If you would like to know more or understand your data protection rights,
please take a look at our [1]privacy policy

 

 

References

Visible links
1. https://historicengland.org.uk/terms/pri...

Our Reference:23/02703

 

Dear Ms Bennett,

 

Response – SC10703 Culture and Heritage Conservation and Repair Scheme

 

Thank you for your email on 17 July in which you asked a number of
questions regarding the above subsidy control scheme.

 

The following questions have been considered under the Freedom of
Information Act:

 

2. What is the total value of the subsidies conferred under SC10703
Culture and Heritage Conservation and Repair Scheme since it was
established on 1 December 2022?

Please see attached. This information is also available online at
[1]GOV.UK - Public user search page (beis.gov.uk)

3. Where external legal advice was received in setting up SC10703 Culture
and Heritage Conservation and Repair Scheme please provide the name of the
adviser and a copy of the advice provided.

 

The information we hold relating to your request is exempt as it
constitutes legal advice. We are not obliged to provide information
subject to legal professional privilege (section 42(1) of the Act). 

It relates to information that has been communicated between lawyers and
clients. This information cannot be disclosed because the confidential
relationship between lawyer and client is protected. This information is
therefore exempt under Section 42 (Legal Professional Privilege).

When assessing whether or not it was in the public interest to disclose
the information to you, despite the exemption being applicable, I took
into account the following factors:

 As the application of Section 42 is subject to a public interest test it
is not sufficient for me to say, for the reasons above, that I consider
the exception to be engaged. I also have to consider whether, in all
circumstances of the case, the public interest in maintaining the
exception outweighs the public interest in disclosing the information.

 

I have noted the public interest in Historic England being accountable for
the quality of their decision-making and ensuring that decisions have been
made on the basis of appropriate legal advice is part of that
accountability. Transparency in the decision-making process and access to
the information upon which decisions have been made can enhance this
accountability. It could also be seen that there is a public interest in
some cases in knowing whether or not legal advice has been followed.

In favour of maintaining the exemption, I have considered that Section 42
reflects a strong public interest in the Historic England being able to
communicate freely with its legal advisers to provide and receive advice
in confidence. Our organisation requires high quality and comprehensive
legal advice to fully meet our obligations. That advice needs to be given
in context. Without such comprehensive advice the quality of our subsidy
control scheme decision-making would be much reduced.

I believe that there is a risk that should legal advice (provided
internally) be disclosed, it could mean lawyers providing advice are
likely to avoid making a permanent record of the advice given and/or only
make a partial record of the advice provided in future grant/award or
subsidy scheme matters. Also, to disclose information provided in a legal
capacity to a third party could breach the confidentiality status of
privileged communications.

Disclosure of legal advice provided in confidence also has a high
potential to prejudice our ability to defend its legal interests,
particularly when the advice has been fully considered and presented
without fear or favour, which are neither in the public interest. To
disclose such information could result in serious consequential loss, or
at least, a waste of resources in defending unnecessary challenges. The
latter may result in poorer decision-making because the decisions may not
be taken on a fully informed basis. 

 Having weighed up the public interest, I have reached the view that, on
balance, the public interest is better served by withholding this
information under Section 42 of the Act at this time.

 

The following questions have been answered outside of the legislation and
answers have been provided below.

 

1. Is Historic England still using SC10703 Culture and Heritage
Conservation and Repair Scheme to award public funds?

Yes

 

4. Please provide the date Historic England became aware that SC10703
Culture and Heritage Conservation and Repair Scheme did not provide cover
for subsidies due to the failure to publish all the required information
at the time of establishing the scheme.

Although this is a request for a date, I have also considered that it is a
request to confirm the circumstance you describe, which I am unable to do.

 

5. Please provide the subsidy amount allowed for a large building
converting a grade II listed building that will be sold once the works are
completed, under SC10703 Culture and Heritage Conservation and Repair
Scheme.

In order to provide an answer to this question, we would need to receive
full details in an application. Each application for funding is assessed
to ensure that it meets the criteria for the scheme and then a financial
need assessment is carried out. The full ‘Guidance for Applicants’ for our
repair scheme grants is available on our website ([2]Repair Grants for
Heritage at Risk - Guidance for Applicants | Historic England).

I hope this information is useful to you. Details of our review procedures
are attached.

Kind regards,

 

Lucy Parry

Information Rights Officer

Information Management and Technology Department

Historic England, The Engine House, Room 2/20, Swindon, SN2 2EH

 

 

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References

Visible links
1. https://searchforuksubsidies.beis.gov.uk/
2. https://historicengland.org.uk/images-bo...
3. http://www.historicengland.org.uk/
4. http://historicengland.org.uk/strategy
5. https://www.facebook.com/HistoricEngland
6. https://twitter.com/HistoricEngland
7. https://www.instagram.com/historicengland/
8. http://webmail.historicenglandservices.o...
9. https://www.historicengland.org.uk/terms...