TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:   [Bolsover District Council request email]
Date: 12th December 2019
 
Paul Evans
[FOI #626849 email]
 
 
 
Dear Paul
 
ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST
 
Reference E/128/1920
 
Thank you for your request for information in relation to TM44 Air
Conditioning Inspection Report Environmental Compliance Audit of Local
Authorities which we received on 11th December 2019.
 
Your request is being considered under the Environmental Information
Regulations 2004. We aim to answer your request within 20 working days
from the date we received it, as prescribed under the regulations.  
 
The regulations define a number of exceptions which may prevent release of
the information you have requested. You will be informed if this is the
case, together with your rights of appeal.
 
If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if we need more time
to do this.
 
A fee may be charged for disbursements. If a fee is to be charged you will
be notified in writing.
 
If you have any queries about this letter please do not hesitate to
contact us on the above contact details. Please remember to quote the
reference number above in any communications.
 
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 
Telephone:   0303 123 1113
[1]www.ico.org.uk
 
Yours sincerely
 
Alison Sipson
Information Support Officer
Performance & Communications
Bolsover District Council
The Arc
High Street
Clowne
Derbyshire
S43 4JY
Telephone: 01246 242383
 
 
 
 
 
 

References

Visible links
1. http://www.informationcommissioner.gov.uk/

Please Ask For:  Alison Sipson
Direct Line:  01246 242383
E-mail:   [Bolsover District Council request email]
Date: 20th December 2019
 
Paul Evans
[FOI #626849 email]
 
 
 
Dear Paul
 
ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST
 
Reference E/128/1920
 
Your request for information has been considered, and to the best of our
knowledge, the information we hold which relates to your request, is as
follows:
 
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.
 
Bolsover District Council do not hold this information as your request
falls within the remit of Trading Standards at Derbyshire County Council.
 
Consequently, you need to re-direct your Freedom of Information request to
[1][email address] at Derbyshire County Council, County
Hall, Matlock, DE4 3AG.
 
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? 
 
As above
 
Q. What specific actions have you undertaken to check on all building
operators with air conditioning in your Borough?
 
As above
 
Q. How do you notify affected organisations, and how much notice do you
give them before issuing a fine?
 
As above
 
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?
 
As above
 
Q. The fine is £300.00 per building for non-compliance, do you reinvest
fines and allocate to the Department issuing notices?
 
As above
 
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?
 
Bolsover District Council do not currently comply with this legislation.
In terms of meeting compliance we will aim to achieve this within the next
6 months.
 
 
I hope that you are satisfied with our response. However, if you are
dissatisfied in any way with the handling of your information request your
next step would be to clearly state in writing why you are dissatisfied
and the Council will treat this as a formal complaint in accordance with
our Compliments, Comments and Complaints policy. The policy together with
information on how to make a complaint is available on the Council’s
website [2]www.bolsover.gov.uk or by emailing CCCAdmin[3]@bolsover.gov.uk.
 
 
I also have a duty to make you aware of the Information Commissioner's
Office, which is an independent body who monitor the Data Protection Act,
the Freedom of Information Act and Environmental Information Regulations,
and make sure organisations fulfil their legal obligations under the
Acts.  They can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   0303 123 1113
[4]www.ico.org.uk
 
Yours sincerely
 
Wayne Gorman
Information and Policy Officer
Bolsover District Council/North East Derbyshire District Council
Performance - People Directorate
NEDDC Ext 7688 BDC Ext 7688
 
 
 
 
 
 
 
 

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References

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