TM44 Air Conditioning Inspection Report Environmental Compliance Audit of Local Authorities

The request was successful.

Dear Derby City 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

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

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FOI, Derby City Council

Dear Paul Evans,

 

Thank you for your request received 20/12/19 which is being dealt with
under the Environmental Information Regulations 2004 (EIRs) for ‘TM$$ Air
Conditioning Inspection Reporting’.

 

Under Regulation 12(4)(c) of the EIRs the Council can refuse to comply
with a request that is formulated in too general a manner.

 

The Council is unable to identify the information you have requested from
the details in your request.

 

Q7. 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?

 

-        What do you mean by ‘Landmark Register’?  Where is this register
located and what information does it list? Is it known by a different
name?

-        In what respect in the Local Authority not complying with the
legislation? (e.g. is it not complying as an Enforcer, or is it not
complying in respect of the buildings and air conditioning units it owns)

 

We won’t be able to deal with your request until you provide the
additional information.

The EIR Regulations says that we must comply with your request for
information within 20 working days, from the date following receipt of
your request unless we have to ask for clarification, as in this case. 
The 20 day response deadline clock has stopped from the date of this
email, the clock will reset from the date we receive your response
clarifying your request and we will advise you of the new 20 working day
deadline at this stage.

Unfortunately, if we don’t hear from you by 28/02/2020, we will send you a
refusal notice because we have not received all the information we need to
deal with your request.  

  

If you have any queries or concerns then please contact  …

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [Derby City Council request email]
<<<[1]mailto:[Derby City Council request email]>>>

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[2]www.ico.org

Yours sincerely,

 

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: [3]+44 (0) 1332 640763 | minicom number: [4]+44 (0) 1332
256666 | [5]www.derby.gov.uk

Proud of Derby

 

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[6]We Are Bold. We Are Strong. We Care. Great People; One Team.

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Dear FOI,

In response to your query regarding :

Q7. 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?
- What do you mean by ‘Landmark Register’? Where is this register
located and what information does it list? Is it known by a different
name?
Here is the link it is also known as the Non Domestic EPC Register https://www.ndepcregister.com/
-
In what respect in the Local Authority not complying with the
legislation? (e.g. is it not complying as an Enforcer, or is it not
complying in respect of the buildings and air conditioning units it owns)
I refer to the authority not complying to the legislation in respect of the buildings and air conditioning units it owns .

Yours sincerely,

Paul Evans

FOI, Derby City Council

This is an acknowledgement that your e-mail has been received by the
Freedom of Information Team. We will respond to you as soon as possible.

 

If you are submitting a Freedom of Information request, your request is
being considered and you will receive the information requested as soon as
possible. We have a statutory timescale of 20 working days to respond to
your request unless the information requested is subject to a statutory
exemption on disclosure.

 

If your request does not include all the information we need or is not
clear, we will contact you for more information (clarification).  In these
circumstances, the 20 working response deadline will start the next
working day after we receive your clarification response.

 

Freedom of Information Team | Information Governance | Corporate
Resources | Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

 

 

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FOI, Derby City Council

Dear Paul,

 

I acknowledge your clarification received 02/01/20 about Q.7 for
information about air conditioning inspection reporting.

 

We will send you a response by 30/01/20 the statutory 20 working days
deadline defined by the Environmental Information Regulations 2004 (EIR),
unless the information requested is subject to a statutory exemption on
disclosure or the information contains reference to a third party.

 

If the information requested is about a third party then we may need to
consult them before a decision is taken on whether to disclose the
information.

 

Under EIR Regulation 7 we can extend the response deadline to 40 working
days to consider ‘complicated and volumous’ requests.  We will tell you if
this is the case, including your right to appeal.

 

There may be a fee payable for supplying the information in the form of
disbursements, for example, printing and postage.  We will tell you if any
fees are payable which must be paid before any information can be
released. The 20 working day response deadline is suspended until any fees
are paid.  Fees must be paid within 3 calendar months, from the date of
the fees notification is issued. Unfortunately, if the fees are not paid
the request will not be progressed and closed.

 

If you have any queries or concerns, please contact the …

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]
<<<[2]mailto:[Derby City Council request email]>>>

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[3]www.ico.org

 

Yours sincerely, 

 

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council, Council House, Corporation Street, Derby DE1 2FS
| 01332 640763 | [4]www.derby.gov.uk

 

 

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[5]We Are Bold. We Are Strong. We Care. Great People; One Team.

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To view Derby City Council Privacy Notices please visit
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FOI, Derby City Council

1 Attachment

Dear Paul,

 

The Council confirms it holds information that falls within the
description of your request which is attached.

 

For your information this request has cost the Council £31.25 to process.

 

Any information provided that is owned by the Council is subject  to the
provisions of the [1]Re-use of Public Sector Information Regulations 2015
and has been made available for re-use under the [2]Open Government
Licence (OGL) a request to re-use is not required, but the licence
conditions must be met.

 

If the information provided is owned by someone else, you must get
permission from them to reuse the information. 

 

If you are dissatisfied with the response to your request, you can ask for
an internal review under our [3]FOI & EIR complaints procedure .  Please
put your appeal reasons in writing and send it within 40 working days to…

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [Derby City Council request email]
<<<[4]mailto:[Derby City Council request email]>>>

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first.

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[5]www.ico.org

Please note, the following applies, if the response includes council
officers (or other officers) names.

 

If you are a company that intends to use the names and contact details of
council officers (or other officers) provided for direct marketing, you
need to be registered with the Information Commissioner to process
personal data for this purpose. You must also check that the individual
(whom you wish to contact for direct marketing purposes) is not registered
with one of the Preference Services to prevent Direct Marketing. If they
are you must adhere to this preference. You must also ensure you comply
with the Privacy Electronic and Communications Regulations (PECR). For
more information follow this Link [6]www.ico.org.uk

 

For the avoidance of doubt the provision of council (and other) officer
names and contact details under FOI does not give consent to receive
direct marketing via any media and expressly does not constitute a ‘soft
opt-in’ under PECR.

 

Yours sincerely,

 

Freedom of Information Team | Corporate Resources Directorate | Derby City
Council | The Council House| Corporation Street |Derby | DE1 2FS
|Tel: [7]+44 (0) 1332 640763 | minicom number: [8]+44 (0) 1332
256666 | [9]www.derby.gov.uk

Proud of Derby

 

 

 

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[10]We Are Bold. We Are Strong. We Care. Great People; One Team.

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To view Derby City Council Privacy Notices please visit
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