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Ofgem FOIs:
Is Shetland part of Scotland?

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On 12 January 2025 we wrote:

Dear Office of Gas and Electricity Markets,

We are having difficulty finding proof that Shetland is part of Scotland.

According to The Laws of Scotland, Stair Memorial Encyclopaedia, Vol.18(42), "The Crown's sovereignty over Scotland and its dominium eminens, its ultimate tenurial superiority, are the same thing, are identical concepts".

At Volume 18(47) it states that "The dominium eminens or ultimate superiority of the Crown is allodial, because not held of a higher lord, except of God".

We want to know:

  1. Do you accept The Laws of Scotland, Stair Memorial Encyclopaedia as a binding authority in Scotland? and
  2. we believe we are correct in thinking that the Crown's sovereignty in Scotland is the same as its allodial ownership; and
  3. we believe we are correct in thinking that, for the Crown to have sovereignty in Shetland, it must have allodial ownership of Shetland; and
  4. in order for your organisation to have the authority to operate in Shetland, it must be proved that Shetland is part of Scotland, in which case do you dispute 2) and 3) above?

Yours faithfully,

The Sovereign Nation of Shetland

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On 11 January 2025 Ofgem wrote:

Thank you for your email.

Ofgem is an energy regulator for Great Britain and helps to protect consumers by working to deliver a greener energy system. If you would like to submit a FOI request for recorded information which you believe Ofgem holds, please reply to this email disclosing your full name and the nature of your request.

Please note, we cannot process a request without a full name.

I hope this information is useful.

Best wishes,

Sabira Bukhari

Information and Correspondence Officer

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On 12 January 2025 we wrote:

Dear Information Rights,

The full name of the enquirer is The Sovereign Nation of Shetland. we are an unincorporated association. Please direct all answers to this name.

Yours sincerely,

The Sovereign Nation of Shetland

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On 12 January 2025 Ofgem wrote:

Dear Sovereign Nation of Shetland,

Thank you for your email.

As per the ICO's guidance, for an FOI request to be valid, it must be made by an individual and not by a company, organisation or pseudonym. This guidance can be found here: [1]https://ico.org.uk/for-organisations/foi....

We also cannot process a request for information that doesn't fall under Ofgem's remit as an energy regulator. You may wish to contact the Scottish Government with your request. Please visit [2]https://www.gov.scot/about/contact-infor... for details.

Kind regards,

Sabira Bukhari

Information and Correspondence Officer

Communications

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On 17 January 2025 we wrote:

Dear Information Rights,

From the ICO's website:

"To be valid under the Act, the request must:

be in writing. This could be a letter or email. Requests can also be made via the web, or even on social networking sites such as Facebook or Twitter if your public authority uses these;

include the requester's real name. The Act treats all requesters alike, so you should not normally seek to verify the requester's identity. However, you may decide to check their identity if it is clear they are using a pseudonym or if there are legitimate grounds for refusing their request and you suspect they are trying to avoid this happening, for example because their request is vexatious or repeated.

Remember that a request can be made in the name of an organisation, or by one person on behalf of another, such as a solicitor on behalf of a client;"

The requester's real name is The Sovereign Nation of Shetland, and

We note that, contrary to what you say "you should not normally seek to verify the requester's identity" and

"Remember that a request can be made in the name of an organisation"

"information that falls under Ofgem's remit as an energy regulator" cannot exclude your duty to show how you have the authority to operate in Shetland. If you do not have this information to hand, it is your duty to enquire from your superiors, going as high as may be necessary.

It seems to us that you are trying to evade your responsibilities.

Yours sincerely,

The Sovereign Nation of Shetland

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On 21 January 2025 Ofgem wrote:

Dear Consumer,

Thank you for contacting Ofgem.

Ofgem's Role and Responsibilities:

Ofgem is the regulator for the retail gas and electricity market in Great Britain. Ofgem's role is to issue licences to energy companies and ensure they comply with these. We operate in a statutory framework set by Parliament. This establishes our duties and gives us powers to achieve our objectives.

Ofgem are unable to interpret legislation on behalf of consumers.

For guidance on finding legal advice and information, please see the following page available on the GOV.UK website:..............

You can get legal advice from a solicitor. They usually charge for their services.

Find a solicitor through:

• [2]The Law Society of Scotland ..........

I hope this information has been helpful, however if you have any further queries, please do not hesitate to [7]contact us

Kind Regards,

Dove (she/her)

Engagement Analyst

Consumer Affairs and Vulnerable Customer Team

Delivery and Schemes

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On 21 January 2025 we wrote:

Dear Consumer Affairs,

Please be advised that we are not asking you to interpret legislation. We are asking for information showing proof of your authority to operate in Shetland. Specifically, that will be proof that Shetland is part of Scotland.

If you do not have this information, you have no business in Shetland. That is the logical conclusion if you do not hold this information.

We believe you to be using diversionary tactics to avoid disclosing that you do not have this information.

Please note that your responses so far do not affect the deadline by which you must supply this information.

Yours sincerely,

The Sovereign Nation of Shetland

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On 21 January 2025 Ofgem wrote:

Thank you for emailing Ofgem. We are Great Britain's independent energy regulator. Please accept this email as an automated acknowledgement of your enquiry.

Plus a lot of inconsequential stuff.

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On 21 January 2025 we wrote:

Dear Office of Gas and Electricity Markets,

You appear to have run out of ideas on how to avoid addressing this request. Your last response appears to have come as an automated reply which states that "We will keep your email on record, and use your comments to help us monitor the energy market, but will not provide a further response to you."

This is not a reply consistent with your duty under the legislation.

Your reply does not affect the deadline by which you must reply.

Yours faithfully,

The Sovereign Nation of Shetland

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On 24 January 2025 Ofgem wrote:

Dear The Sovereign Nation of Shetland,

Please find our response to your request for information attached.

Kind regards,

Bryan Thomas

In their response, Ofgem apologise for initially refusing the request on the basis of the name and say that they do not hold the information

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On 24 January 2025 we wrote:

Dear Information Rights Team,

Thank you for your response.

From that response, Is it correct to say that you do not have any proof of your authority to operate in Shetland?

Yours sincerely,

The Sovereign Nation of Shetland

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Having had confirmation that they do not hold the information, this request was closed.

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