A new Directive, the Re-use of Public Sector Information Regulations 2005 SI 2005 No. 1515 (PSI), was introduced On July 1, 2005, to allow people to apply to re-use information held by local councils.
High Peak Borough Council is not under any automatic obligation to allow re-use of our information. However, if we do allow re-use of any of our public sector information, this has to be done according to Regulations.
Re-use means using the information for a purpose, other than the purpose for which the document was originally produced. Examples of public sector information are national and local legislation, statistics, local planning, tourist information and guidance on local community issues and policies.
To comply with the Re-use of Public Sector Information legislation, we have a duty to:
The focus of Freedom of Information is on access to information, whereas the Re-use of Public Sector Information Regulations refer to its re-use.
Receiving information under Freedom of Information, and other information access regimes, does not give you an automatic right to re-use the information - you must make a distinct request to re-use it.
The new directive does not provide access to the information itself. That is available through the Freedom of Information Act 2000, Data Protection Act 1998, or other access to information regimes, such as the Environmental Information Regulations 2004.
An asset is any information that the Council produces that is of interest or value to the organisation itself and potentially to others.
The first step to re-using public sector information is to know what significant documents are available for re-use. It is not the Council's intention to produce a separate information asset register. However, all significant documents registered within the Council's Publication Scheme (except those documents where charges apply) are available for re-use.
For further guidance on the Re-use of Public Sector Information Regulations, the following websites may prove useful:
A new European Directive, the Re-Use of Public Sector Regulations came into force from 1st July 2005, which allows people to apply to re-use information.
Re-use means using the information for a purpose other than the purpose for which it was produced. This includes using the information for commercial purposes.
To be valid a request must:
Please note: This applies only if you want to re-use information held by High Peak Borough Council. All requests for access to information should be directed to the Freedom of Information Team, by contacting:
The Democratic Services Manager,
Council Offices,
Hayfield Road,
Chapel-en-le-Frith,
High Peak,
SK23 0QJ
Call 0845 129 7777 or 01298 28400.
An applicant must have obtained the information under an access request before he or she can apply to re-use the information. A request for access and re-use may be combined.
Your request can be made by applying in writing to:
High Peak Borough Council
The Data Protection Officer,
Council Offices,
Hayfield Road,
Chapel-en-le-Frith,
High Peak,
SK23 0QJ
Call 0845 129 7777 or 01298 28400.
Does the Council have to respond to requests for re-use of information within a certain timescale?
Yes. All requests must be responded to within 20 working days, unless there are exceptional circumstances. For example, where requests are extensive, in terms of the number of documents requested, or raise complex issues. If we require more information, we will contact you.
If a request is received outside normal working hours, this will be treated as being received on the next working day.
Response means one of the following:
No. There are certain regulations that prevent re-use, where:
Yes. We will advise you in writing of the:
Where refusal is due to intellectual property rights being owned by a third party, we will confirm, if we know:
No. We can impose conditions on re-use. These conditions will not unnecessarily restrict the way in which a document can be reused or restrict competition.
We cannot discriminate between two applicants who request the same information, nor can we grant you exclusive rights for re-use of the document, unless the arrangement is in the public interest.
If exclusive rights are granted, the document will be reviewed on a three-year basis and details of the exclusive rights may be published on the Council’s website.
We may make a charge but we will advise you on receipt of your request. It is not reasonably practicable to publish standard charges because of the potential diversity of requests for re-use of information.
If charges are applied, these will be to cover:
Any requests considered unreasonable will be refused.
Yes, but this must be stipulated in your request and may incur an additional charge. It may not always be possible or practicable for the Council to provide the information in your preferred format. We have no obligation to put material into specific formats or languages, and may make documents available as they exist, when the request is received.
You are directed, first, to our Freedom of Information Act Publication Scheme. Not every document covered by each class will be available. However the available documents are likely to be included in one of these classes.
You can ask for an Internal Review to be carried out. This request must be made in writing:
We will notify you in writing, giving reasons for our decision.
You can refer your complaint to the Office of Public Sector Information at:
Appeals to the OPSI must be lodged within 6 months following an Internal Review, and any complaints referred to OPSI must:
You can request the Advisory Panel on Public Sector Information (APPSI) to review the recommendation made by OPSI. Any request for a review must:
Appeals to the APPSI must be lodged 28 days from your date of notification from OPSI. You will need to contact:
The Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mall
London
SW1A 2WH
Phone 020 7276 5216
Fax 020 7276 5207.
Further guidance is available on the following web sites:
page ref: SDDC 227
**Please note: High Peak Borough Council is not responsible for the content of any external websites.