FOI 136: Legal action of the Trading Schemes Act
Updated 15 February 2021
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Our ref: FOI 20/21-136
Date: 23 November 2020
Re: Freedom of Information Act 2000
Thank you for your email of 26 October 2020 in which you requested from the Insolvency Service: an explanation of what particular line of legal action would the Trading Schemes Act be appropriate for and what particular line of action would the Companies / Insolvency legislation still be used for as referred to in an Independent new article.
Your request has been dealt with under the Freedom of Information Act 2000 (FOIA).
The Insolvency Service does not hold the information you have requested.
As if a director or bankrupt has been the victim of or been the perpetrator of fraud, the allegation is referred to the appropriate authority or there might be a direct referral to the Police or other prosecuting agency.
The Competition and Markets Authority (CMA), which superseded the Office of Fair Trading, work against pyramid schemes and maybe able to provide the information you have requested. However a new request will need to be made to the CMA. Further details on the CMA can be found here: https://www.gov.uk/government/organisations/competition-and-markets-authority
Please note FOIA only applies to recorded information, it does not require public authorities to answer a question unless recorded information exists. Therefore, to answer a request FOIA does not oblige a public authority to create information if the requested information is not held.
If you are not satisfied with the response we have provided and would like us to reconsider our decision by way of an internal review (IR), pleasecontact our Information Rights Team at foi@insolvency.gov.uk or by post at:
Information Rights Team
The Insolvency Service
3rd Floor
Cannon House
18 Priory Queensway
Birmingham
B4 6FD
United Kingdom
You also have the right to contact the Information Commissioners Office (ICO) if you wish for them to investigate any complaint you may have regarding our handling of your request. However, please note that the ICO is likely to expect an IR to have been completed in the first instance.
Kind regards
Chris
Information Rights Assistant
The Insolvency Service
The Department for Business, Energy and Industrial Strategy, Official receivers and the Adjudicator are Data Controllers in respect of personal data processed by the Insolvency Service. For the details about how personal data is processed by the agency, please see the full Insolvency Service Personal Information Charter here: https://www.gov.uk/government/organisations/insolvency-service/about/personal-information-charter