On 20 February 2025 Ofgem wrote:
In response:
1. Insofar as your emails refer to information showing that Shetland is part of Scotland:
a. In our letter dated 24 January 2025, we addressed your request (reference FOI2025/00112) for information that 'proved that Shetland is part of Scotland'.
b. In our subsequent email of 30 January 2025 we confirmed the response given in that letter.
c. We confirm that our responses were informed by reasonable searches.
d. We also note that in any event, such information (if held) would be exempt from the duties arising under the FOIA, for the reasons given below.
2. Insofar as your emails refer to "proof of [Ofgem's] authority to operate in Shetland", such information is exempt from the duties arising under the FOIA for the reasons given below.
Exemption
Insofar as information relating to "proof of [Ofgem'
s] authority to operate in Shetland" is concerned, such information is exempt from the obligations arising under section 1(1)(a) and 1(1)(b) of the FOIA pursuant to section 21 of the FOIA (information reasonably accessible to applicants other than under the FOIA).
This is because Ofgem is established by primary legislation as a body corporate and (as such) exercises such powers as are conferred on it from time to time by legislation.
The relevant legislation (both in relation to Ofgem and its powers):
1. is available in the public domain, for example through legislation.gov.uk,
2. includes details of its territorial application, and
3. includes (but is not limited to) the following:
Gas Act 1986
Electricity Act 1989
Utilities Act 2000
Energy Act 2004
Similarly, we note that information regarding Shetland being part of Scotland is also reasonably accessible to applicants other than under the FOIA. Such as legislation, treaties, and case-law – all of which are in the public domain.
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On 28 February 2025 we wrote:
Dear FOI Officer,
Freedom Of Information request your ref: FOI2025/00269
Thank you for your letter of 20 February 2025.
It will be obvious to you that only if Shetland is part of Scotland, can Scottish or UK legislation
apply here. We are looking for a treaty, or a document of that stature. Bland assurances or
presumptions will not do.
Your letter of 24 January 2025 states:
"I can confirm that Ofgem does not hold information relating to whether an individual area or
region is part of Scotland, and therefore we are unable to provide the information you have
requested." and
"As noted in the response provided by our Consumer Affairs team, Ofgem is the regulator for the
retail gas and electricity market in Great Britain. Ofgem's role and responsibilities were established
under UK legislation by the Utilities Act 2000 and Ofgem consider Shetland to be a part of Great
Britain."
In terms of your 20 February 2025 letter:
Firstly, what 'Ofgem considers' as to whether Shetland is part of Scotland is irrelevant in this instance. What is required is legal proof, not a biassed opinion. In relation to the points raised:
1) .
a. Contrary to what you state, the 24 January letter gives no information whatsoever to prove that Shetland is part of Scotland.
b. The 30 January letter confirms this.
c. We believe your searches were adequate only to reveal a lack of proof that Shetland is part of Scotland.
d. If the information were to be exempt, it would have to be "reasonably accessible to applicants other than under the FOI". If that were the case, we would not be making the request. We draw your attention to the other organisations at www.ourfois.com (including the UK and Scottish governments) who are unable to produce this information.
Your letter continues by quoting the various pieces of UK legislation under which you operate, but
completely fails to explain how that legislation operates in Shetland in the absence of proof that
Shetland is part of Scotland.
We therefore ask you to reconsider your reply.
Regards,
The Sovereign Nation of Shetland
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On 4 March 2025 the Information Rights Team wrote:
Dear The Sovereign Nation of Shetland,
Thank you for your email of 1 March in which you requested an internal review of our response to FOI2025/00269.
Your request has been logged under case reference IR2025/00419.
We will conduct an internal review and inform you of the outcome as soon as we possibly can, and in no more than 20 working days.
If you are unhappy with the outcome, you have the right to apply directly to the Information Commissioner for a decision.
Kind regards,
Bryan Thomas
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On 4 March 2025 we replied:
Dear Bryan Thomas,
You appear to be mistaken since we have not request an internal review, but a reconsideration of your reply in view of the points we raise. We expect a reply before 15 March 2025.
Regards,
The Sovereign Nation of Shetland.
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On 6 March 2025, Ofgem wrote:
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Dear Mr Hill,
Thank you for your emails of 4 March. I can confirm that both were safely received.
We are unable to reconsider our response to your request outside of the Internal Review process as this process is specifically in place to provide a thorough review when a requester is not satisfied with the response they have received. This process will enable a senior member of staff who was not involved in the handling of your original request to fully review our response and address the points you raise in your letter dated 28 February.
As noted in our acknowledgement, we will notify you of the outcome of this review within 20 working days of receipt of your email expressing dissatisfaction with the response to your request, or sooner if possible. However, please note that we may not be able to respond by 15 March.
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We wait. 25 March 2025 is the expiry date.
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Yours sincerely,
Bryan Thomas
Information Rights and Correspondence Officer
Dear Bryan Thomas,
Thank you for your email.
Please ensure your review committee takes into account the information at www.ourfois.com/Invalid-Requests.htm
Regards,
The Sovereign Nation of Shetland
We wait. 25 March 2025 is the expiry date.
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