TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

City of Edinburgh Council did not have the information requested.

Dear City of Edinburgh 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 Building Control 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 fine is £300.00 per building for non-compliance, do you reinvest fines and allocate to the Department issuing notices?

Yours faithfully,

Paul Evans

City of Edinburgh Council

Mr Paul Evans

Our ref: 26417

Dear Mr Evans

Acknowledgement of Request

Subject: UK Environmental Legislation

Thank you for your request for information which was received on 18/12/2019. In your request you asked for the following;

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

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 21/01/2020 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,
FOI Response not received – reference request of 18/12/2019
Please respond to our FOI or advise why we have not yet had a response. Legally, Public Authorities must respond within 20 working days.
Responding to our request is important, we are compiling an accurate national database and your contribution would be a positive step
Please be aware that your responses (or lack of) will be forwarded to Central Government Environment Departments, MPs and other interested Environmental Groups.

Yours faithfully,

Paul Evans

Douglas Stephen, City of Edinburgh Council

Dear Mr Evans,

Unfortunately your request was initially assigned to the wrong Council service and I apologise for this error.

We have now reassigned it the correct service but we have not yet received a response. We will remind the service and provide a response to you as soon as possible.

Regards, Douglas Stephen

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Information Rights Officer 4, City of Edinburgh Council

Mr Paul Evans

 

[1][FOI #628448 email]

 

Our ref: 26417

 

 

Dear Mr Evans

 

Environmental Information (Scotland) Regulations 2004 - Partial Release of
Information

 

Subject: TM44 Air Conditioning Inspection Report

 

Thank you for your request for information of 18/12/2019 where you asked a
number of questions regarding the above. Your request has been processed
under the Environmental Information (Scotland) Regulations 2004 (EIRs).
Unfortunately, the Council is only able to meet part of your request; this
information is released to you now. Please accept my apologies for the
delay in responding. I shall address each of your questions in turn.

 

You asked the following:

 

TM44 Air Conditioning Inspection Report Environmental Compliance Audit of
Local Authorities

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.

Q1. Have you set up a Building Control Officer to implement an active TM44
compliance programme? Provide that person’s name and details.

A1. No, there is no such officer.

Q2. If you have not set up your compliance programme, when do you expect
to do so, and who is in charge of the process?

Q3. What specific actions have you undertaken to check on all building
operators with air-conditioning in your Borough?

Q4. How do you notify affected organisations, and how much notice do you
give them before issuing a fine?

Q5. The fine is £300.00 per building for non-compliance, do you reinvest
fines and allocate to the Department issuing notices?

A2 to A5. Unfortunately, we are unable to provide you with the information
requested as it is not held by the Council. The Council is therefore
relying on the exception under regulation 10(4)(a) of the Environmental
Information (Scotland) Regulations 2004.

Having completed searches across the service areas who may have knowledge
of the subject, we can find no relevant recorded information which is
within scope of your request.

Please note that this letter constitutes a formal notice under regulation
13 of the Environmental Information (Scotland) Regulations 2004.

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
[2]http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to the;

 

Head of Strategy & Communications

The City of Edinburgh Council,

Waverley Court Business Centre 2:1,

4, East Market Street,

Edinburgh,

EH8 8BG or;

Email: [3][email address]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the above reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website: [4]www.itspublicknowledge.info/Appeal

Email: [5][email address]

 

Yours sincerely

 

 

Iain Burden

Information Rights Officer

 

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[6][Edinburgh City Council request email] [7]www.edinburgh.gov.uk

 

 

 

 

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References

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1. mailto:[FOI #628448 email]
2. http://www.edinburgh.gov.uk/homepage/175...
3. mailto:[email address]
4. http://www.itspublicknowledge.info/Appeal
5. mailto:[email address]
6. mailto:[Edinburgh City Council request email]
7. http://www.edinburgh.gov.uk/