What is the name of your legal entity?

The request was successful.

Stephen Whitehouse

Dear Cheshire East Council,
I have some documents from "Cheshire East Council" at home, and some which clearly say "Cheshire East Borough Council".
I also notice on your website that some payments are to be made to "Cheshire East Council" and some to "Cheshire East Borough Council" , surely that means two businesses?
Does this indicate that two corporations are running under one 'umbrella' corporation?
Does the two names mean there are two corporations?
What is the exact reason for having two "Council" names which are so similar and easily misleading?
Which one of the above names is the legal entity?
Are both of the above names legal entity's?
What are the names of the shareholders in the "Cheshire East Council" business name?
What are the names of shareholders in the "Cheshire East Borough Council " business name?
I have seen the "Cheshire East Borough Council" constitution, in which it says, to then be referred to as "Cheshire East Council" constitution, so why different names on accounts for payments?
Are you one or the other, or are they both the same entity?
This seems on the face to be a deliberate act to shift funds from the 'public purse' into separate accounts which clearly have two different names?
These are merely my presumptions, but it really does look very iffy from the outside, almost fraudulent in fact.
Looking forward to your response in the matter,

Yours faithfully,

Stephen W

FOI East, Cheshire East Council

Dear Mr Whitehouse

Thank you for your email.

It will be treated as a request for information within the meaning of the Freedom of Information Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it. The due date is 29/06/2016 . If we need any further clarification or there is any problem we will be in touch.

In the meantime if you wish to discuss this further please contact the department. It would be helpful if you could quote the log number 812558.

Yours sincerely

G Clowes (Mrs)
Compliance & Customer Relations,
Cheshire East Council
1st Floor Westfields,
c/o
Municipal Buildings
Earle Street
Crewe
CW1 2BJ

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FOI East, Cheshire East Council

2 Attachments

Dear Mr Whitehouse

 

Thank you for your Freedom of Information request. I apologise for the
slight delay in reply.

 

I am able to advise that:

 

·         On 4^th March 2008 Regulation 3(2) of the Cheshire (Structural
Changes) Order 2008  states ‘A new district council, to be known as the
Cheshire East Council, shall be established as the sole principal
authority for the non-metropolitan district of Cheshire East.’

·         Later in that year, on 10th December 2008  the minutes of the
Orders approved at the Privy Council record that the Privy Council
‘conferred Borough status to:—The District of Cheshire East’.

·         The structural changes, came into force on 1^st April 2009.

 

In answer to your query, therefore I can confirm that Cheshire East
Council and Cheshire East Borough Council are one and the same legal
entity and being a single legal entity there has not been and cannot be
any movement of assets and or funds between two councils as feared.

 

Regarding your request to name shareholders, I can advise that in
accordance with Section 2 the Local Government Act 1972, whilst the
Council is a body corporate,  it consists of a chairman and councillors.
The Council therefore, does not have shareholders, the details of which
could be disclosed.  

 

Finally, you ask, not unreasonably, why business of the Council is
sometimes conducted in different names depending on whether ‘Borough’ is
used. Both titles are legally correct but it is accepted that this could
cause misunderstanding or confusion. It will be recommended to the Chief
Executive that only one of the titles is used in future transactions.

 

I trust that you will find this to be a  satisfactory response to your
request.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review under the Freedom
of Information Act you should write to the Compliance Unit, Cheshire East
Council, Westfields Floor 1, C/O Municipal Buildings, Earle Street ,
Crewe, Cheshire CW1 2BJ

               

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council. The Information Commissioner can be
contacted at: The Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF.

 

Kind regards.

 

Peter Jones  | Cheshire East Council

Support Lawyer

 

 

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