Generally, s16 of this Act is used sparingly and usually in relation to a
particular property, rather than a number of properties for a "fishing trip" type
exercise as was described.
The notice issued specifically mentions this section of the Act and the
notice has to be properly "served". The original enquiry on this list intimated
that it was a "request" for information about several properties, but if this is
not the case and indeed it is an official notice under s16 of the Local
Government (Miscellaneous Provisions) Act 1976 then you can safely complete the
information demand and return it to the named officer at the council.
Unless of course the Uni has nothing to do with the particular letting.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
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Website: www.keepitlegal.co.uk
-------
In a message dated 11/11/04 15:18:27 GMT Standard Time,
[log in to unmask] writes:
> I thought S16 of the Local Government (Misc Provs) Act 1976 - assuming the
> uni in some way arranges or facilitates the letting of these
> properties....covered this (right of local authorities to have data about properties) - if it
> is S16, or is relied on - beware - failure to reply = criminal offence.
>
> There may also be some EH powers I am not familiar with, but S16 would
> legitimately entitle the authority to have this.
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