TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

Paul Evans made this Freedom of Information request to Eastbourne Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Eastbourne Borough Council,
This request relates to UK Environmental Legislation, specifically TM44 Air Conditioning Inspection Reporting, which is mandatory for air-conditioned buildings. You as a Local Authority are duty bound to actively manage compliance in your Borough and to issue notices/fine non-compliant organisations.

Q. Have you set up a Trading Standards Officer to implement an active TM44 compliance programme. Provide that person’s name and details.
Q. If you have not set up your compliance programme, when do you expect to do so, and who is in charge of the process?
Q. What specific actions have you undertaken to check on all building operators with air conditioning in your Borough?
Q. How do you notify affected organisations, and how much notice do you give them before issuing a fine?
Q. The Government Non-Domestic EPC Register contains all records of existing TM44 Air Conditioning Inspection Reports, with expiry dates. Buildings not shown on the Register are non-compliant. Do you make use of the Register?
Q. The fine is £300.00 per building for non-compliance, do you reinvest fines and allocate to the Department issuing notices?
Q. It would appear, upon checking of the Landmark Register, that you as a Local Authority have not complied with the Legislation yourselves. When do you intend to comply?

Yours faithfully,

Paul Evans

Access to Information,



Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

 

Access to Information,

1 Attachment

Dear Mr. Evans,

 

Thank you for your Freedom of Information request dated 23 December 2019 
which has been registered under reference EFOI 10399

 

Q. Have you set up a Trading Standards Officer to implement an active TM44
compliance programme. Provide that person’s name and details.

Q. If you have not set up your compliance programme, when do you expect to
do so, and who is in charge of the process? 

Q. What specific actions have you undertaken to check on all building
operators with air conditioning in your Borough?

Q. How do you notify affected organisations, and how much notice do you
give them before issuing a fine?

Q. The Government Non-Domestic EPC Register contains all records of
existing TM44 Air Conditioning Inspection Reports, with expiry dates.
Buildings not shown on the Register are non-compliant. Do you make use of
the Register?

Q. The fine is £300.00 per building for non-compliance, do you reinvest
fines and allocate to the Department issuing notices?

Q. It would appear, upon checking of the Landmark Register, that you as a
Local Authority have not complied with the Legislation yourselves. When do
you intend to comply?

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor.

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

For your information Trading Standards comes under the jurisdiction of
East Sussex County Council and you may wish to direct your enquiry to them
and they can be reached via –

 

Freedom of Information Officer

East Sussex County Council

W1D, D Floor, West Block

County Hall

St Anne’s Crescent

Lewes

BN7 1UE

Tel: 01273 482913

Email: [1][email address]

 

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [2][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 20 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Regards,

 

 

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[3][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

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