Information Commissioner's Office

HM Treasury

16 October 2014, Central government

The complainant has requested information relating to the sale of the Bradford & Bingley Building Society (B&B) in 2008. The Commissioner’s decision is as follows: HM Treasury (HMT) has correctly applied section 44(1)(a) to the Information Memorandum (except the Disclaimer and section 7) and process letters. Section 43(2) is not engaged in relation to the information memorandum disclaimer and section 7 of the information memorandum. Section 41 is engaged in relation to the final bids. Section 35(1)(a) was correctly applied to the advice extracts. The Commissioner requires HMT to disclose the ‘Disclaimer’ in the Information Memorandum and section 7. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 35: Not upheld FOI 41: Not upheld FOI 43: Upheld FOI 44: Partly upheld