Re-Use of Public Sector Information Regulations
FAQ
Introduction to
the Act
The Re-Use of Public Sector Information Regulations 2005 came
into force on 1 July 2005. The Regulations encourage the re-use of
information produced by public sector organisations such as
Allerdale Borough Council.
This page explains how members of the public can make requests
for information and how the Council will deal with requests for
re-use.
What is
meant by 'Re-Use'? Under access to information legislation
such as the Freedom of Information Act 2000 (FOI), you may request
and receive copies of information we hold. This information may be
protected by our copyright, and you may not have the automatic
right to re-use it for purposes other than those for which it was
originally intended. Therefore if you would like to reuse the
information provided, you must apply to the Council for permission
to do so.
Summary of the
Regulations
When we allow re-use of our public sector
information, it must be done in accordance with the Regulations.
When we do allow re-use, the Regulations place the following
obligations on the Council:
- We must deal with requests within 20 working days (from the day
after the request is received) although the time period can be
extended if the request is particularly complex.
- A license can be issued which imposes conditions on the
re-use.
- A license fee can be levied if we do not wish to allow re-use
for free.
- A license cannot restrict competition.
- Exclusive licensing arrangements will not generally be
allowed.
- We should make our conditions for re-use and any standard use
conditions available to the public.
- Information for re-use should be made available electronically
wherever possible.
- We must not discriminate between applicants making requests for
re-use for similar purposes.
You can apply to re-use any information that we
produce. To get an idea of what type of information we publish,
please see our Publication Scheme,
which lists information that is regularly made available to the
public. More information on the Freedom
of Information Act is available here. Any information that is
not listed on the Scheme may be requested from the Council, and
will be provided subject to exemptions under the Act. In the
future, instances where licences have been granted for re-use will
be listed on this website in the form of an Asset List.
If you would like to re-use information, requests must:
- Be in writing
- State name and address
- Specify what information you want to re-use and for what
purpose
Requests can be submitted to:
Information Officer
Allerdale Borough Council
Allerdale House
Workington
Cumbria
CA14 3YJ
Tel: (01900) 702701
Fax: (01900) 702698
Email: foi@allerdale.gov.uk
There is also an application form that can be
downloaded, filled in and returned to the above address if you
prefer.
If you plan to re-use the information for not-for-profit
purposes or for study then you can apply for our standard
'Click-Use' license. If you are applying for other purposes, then a
charge may apply, and a different type of license may apply.
Read the terms and conditions of the free 'Click-Use' license and if you
qualify, you can apply for this license. Alternatively, the
standard terms and
conditions for licenses that incur a fee are available here.
These will vary depending on the charges that are set.
The Council will respond to your request within 20 working days.
When we receive your application, we will acknowledge your request
with a unique reference number that corresponds to your
license.
Our response will either:
- Make the requested document available for re-use
- Offer conditions under which the information can be re-used,
or
- Refuse the request
If we do refuse the request, we will inform you of the reason
for refusal. We will also always inform you of your right to
appeal. Allerdale will ensure that our decision making process is
fair and unbiased.
Allerdale cannot discriminate between the same
type of applicants who request the same information for the same
purpose. Both applicants must be given the same license terms.
Are there any
exemptions?
There are certain situations were we will not
allow information to be re-used. These are:
When copyright for the information does not
belong to Allerdale Borough Council, but to a third party
- Where the information is
exempt from disclosure under the Freedom of Information Act, or
other legislation
- Where the activity of
producing the information falls outside of our public
tasks
The Regulations entitle the Council to charge for the cost of
the collection, production, re-production and dissemination of the
information, together with a 'reasonable return on investment'. If
there is a charge we will inform you when you we receive the
application. The process of approving charges for re-use is
currently underway, and not yet complete. When a charging scheme
has been finalised, it will be posted on this webpage.
If you have a complaint about how your request has been handled,
for instance about a fee that we are charging, or the level of
service received, then you can complain through Allerdale's
official complaints procedure. This can be found on our
Complaints page.
If you are still dissatisfied after going through our complaints
procedure, then you may take your complaint to the Office of Public
Sector Information (OPSI), which is the body that oversees the Act.
They will make a final decision on your complaint. All complaints
must be registered with OPSI within 28 days of the result of your
complaint with the Council. They can be contacted at:
Office of Public Sector Information
Admiralty Arch
North Side
The Mall
London
SW1A 2WH
http://www.opsi.gov.uk/
Allerdale Borough Council
