Line to take - LTT81 - Parking enforcement: Difference between revisions
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* FOI/EIR: FOI | * FOI/EIR: FOI | ||
* Section/Regulation: s31 | * Section/Regulation: [[LTT Exemption::FOI 31|s31]] | ||
* Issue: Parking enforcement | * Issue: [[LTT Title::Parking enforcement]] | ||
* Source: Information Tribunal | * Source: Information Tribunal | ||
* Details: Reith / LBHF | * Details: Reith / LBHF | ||
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* Related Documents: [[EA/2006/0058]] | * Related Documents: [[EA/2006/0058]] | ||
* Contact LA | * Contact LA | ||
* Date: 11/11/2007 | * Date: [[LTT Date::11/11/2007]] | ||
* Policy Reference LTT81 | * Policy Reference [[LTT Ref::LTT81]] | ||
* {{Copyright-ICO}} | |||
[[Category:ICO Line To Take]] | |||
Latest revision as of 18:05, 17 September 2010
- FOI/EIR: FOI
- Section/Regulation: s31
- Issue: Parking enforcement
- Source: Information Tribunal
- Details: Reith / LBHF
- Related Lines to Take: n/a
- Related Documents: EA/2006/0058
- Contact LA
- Date: 11/11/2007
- Policy Reference LTT81
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
Section 31(1)(a) and (b) do not apply to the decriminalised enforcement of parking restrictions. The relevant exemption will be 31(1)(g) in conjunction with 31(2)(c).
Further Information
In Reith v The Information Commissioner and London Borough of Hammersmith and Fulham (LBHF) the request was for the Council’s policy relating to the towing of vehicles under parking regulations.
The public authority refused to disclose this information citing s31. The Commissioner found s31(1)(a) prejudice to “the prevention or detection of crime” and s31(1)(b) prejudice to “the apprehension or prosecution of offenders” to be the relevant subsections.
At Tribunal the Commissioner accepted that s31 (1)(a) and (b) did not apply to the decriminalised enforcement of parking restrictions, and that the exemption which pertained was in fact s31(1)(g), prejudice to “the exercise by any public authority of its functions for any of the purpose specified in subsection (2)”, in conjunction with s31(2)(c), “the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise”
The Tribunal was satisfied that the relevant exemption would be s31(1)(g) in conjunction with s31(2)(c).
