Re-use of Public Sector Information Regulations

When the Regulations apply

Access to a large proportion of public sector information is provided under freedom of information legislation.  The Regulations do not change the access provisions.  Instead, they provide a framework for re-use of information once access has been obtained.  The Regulations do not apply unless the information has already been provided, or is accessible by means other than making a request under freedom of information legislation.  The provision of information under freedom of information legislation does not confer any automatic right to re-use the information.  [See copyright]

The Regulations only apply to copyright and related rights (database rights, publication rights and rights in performances).  They do not apply to other intellectual property rights, such as patents, trade marks and design rights.

Exemptions

The Regulations do not apply to:

• Information that falls outside the scope of the public task of the Council.  This covers those situations where the Council produces documents that are not directly related to its core responsibilities.  
• Information in which the relevant intellectual property rights are owned or controlled by a person or organisation other than the Council.  For example, the Council may hold documents that include material where the copyright is owned by a third party.  However, this does not preclude the Council from authorising the re-use of those elements that are owned by it.    
• Intellectual property rights other than copyright and its related rights 
• Information exempt from release under access to information legislation. 

Requests for re-use of information

Applicants requesting re-use of information should:

• submit requests in writing using the appropriate form 
• give their name and address;
• specify which information they want to re-use; and
• state the purpose for which the information is to be re-used.

Applications must be legible and usable for subsequent reference.  This means the request must be in a form that can be filed for future reference.  You should use the appropriate Re-use of Information Request form so that your application can be processed as quickly as possible. 

The Council must normally respond to requests before the end of the twentieth working day beginning with the day after receipt.  However, the time can be extended in complex cases.  Response means one of the following:

• refusing to give permission to re-use;
• supplying the information to the applicant, if it hasn’t already been supplied under access to information legislation. 
• offering terms and conditions for re-use, often in the form of a licence

Charges

Non-Commercial re-use

A charge will not be made where allowing re-use does not involve any additional cost to the Council or the cost does not exceed £20. The fee for a request under freedom of information legislation will be deducted from the fee for re-use.  In other words, the Council will not double-charge for the same activity.

A charge may be made if re-use will result in additional cost to the Council. Unlike freedom of information legislation, there are no fixed fee limits.  Where charges are made, the total income should not exceed the cost of collection, production, reproduction and dissemination of documents and a reasonable return on investment.   Where charges are made, staff time is calculated on the basis of an hourly rate dependent on the seniority of the member of staff required to process the request.  Charges will be discussed with applicants. 

Commercial re-use

Additionally, the Council may charge a commercial rate for the re-use of Council information for any commercial purpose.  Please refer to the Commercial Fees Policy.  

List of documents and information asset register (IAR)

The Council is required to publish a list of information available for re-use.  The Council’s Publication Scheme (prepared under access to information legislation) is its current list of information of information available for re-use.  This will be updated as appropriate. 

The Office of Public Sector Information (OPSI) has the policy lead regarding the information asset register (IAR) for central government. OPSI is developing a model for the next generation IAR with advanced search capabilities that will enable public sector bodies to identify information assets that are available for re-use in a joined-up and effective way.   The Council will keep developments regarding IARs under review. 

Conditions for re-use

The Council may impose conditions on re-use.  This is done by means of licences.  The licence terms are applied fairly and openly to all applicants and are not anti-competitive. 

The Council’s standard licence terms for non-commercial and commercial re-use are published on-line [see below].  The licence terms are based on the OPSI Click-Use Licence developed in consultation with private sector re-users.  The licence terms are designed to be used in conjunction with the Council’s standard application forms so that the application can be processed as quickly as possible. 

Complaints

Applicants can make a complaint or seek a review of a decision relating to requests for re-use of information.  This is addressed in more detail on our website.

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