The Re-use of Public Sector Information Regulations 2005
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The Minister for the Cabinet Office, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 for the regulation of the re-use of public sector information, in exercise of the powers conferred by that section enabling him on that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Re-use of Public Sector Information Regulations 2005 and shall come into force on 1st July 2005.
2. In these Regulations -
(b) database right (within the meaning of regulation 13 of the Copyright and Rights in Database Regulations 1997);
(c) publication right (within the meaning of regulation 16 of the Copyright and Related Rights Regulations1996); and
(d) rights in performances (meaning the rights conferred by Part 2 of the Copyright, Designs and Patents Act 1988);
(b) received in legible form; and
(c) capable of being used for subsequent reference.
Public Sector Body
(b) a government department;
(c) the House of Commons;
(d) the House of Lords;
(e) the Northern Ireland Assembly Commission;
(f) Scottish Ministers;
(g) the Scottish Parliament;
(h) the Scottish Parliamentary Corporate Body;
(i) the National Assembly for Wales;
(j) a local authority;
(k) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
(l) the Fire Authority for Northern Ireland;
(m) a police authority established under section 3 of the Police Act 1996;
(n) a police authority established under section 2 of the Police (Scotland) Act 1967;
(o) the Northern Ireland Policing Board;
(p) an authority established under section 10 of the Local Government Act 1985;
(q) a joint authority established by Part IV of that Act;
(r) any body established pursuant to an order under section 67 of that Act;
(s) the Broads Authority;
(t) any joint board the constituent members of which consist of any of the bodies specified in paragraphs (j), (k), (m), (n), (p), (q), (r) and (s);
(u) a National Park authority established by an Order under section 63 of the Environment Act 1995;
(v) the Receiver for the Metropolitan Police District;
(w) a corporation established or a group of individuals appointed to act together for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and -
(ii) subject to management supervision by another public sector body, or
(iii) more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, are appointed by another public sector body;
(x) an association of or formed by one or more public sector bodies.
(2) In the application of these Regulations to England, "local authority" means -
(b) the Common Council of the City of London in its capacity as local authority or police authority; and
(c) the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999.
(3) In the application of these Regulations to Wales, "local authority" means a county council, county borough council or community council.
(b) the transfer for use of a document from one public sector body to another for the purpose of either public sector body carrying out its public task.
(b) a third party owns relevant intellectual property rights in the document.
(2) These Regulations do not apply to a document unless it -
(b) has been provided to the applicant; or
(c) is otherwise accessible by means other than by making a request for it within the meaning of the 1998 Act, the 2000 Act (or where appropriate the 2002 Act) or the 2004 Regulations (or where appropriate the 2004 Scottish Regulations).
(3) These Regulations do not apply to documents held by -
(b) educational and research establishments, such as schools, universities, archives, libraries, and research facilities including organisations established for the transfer of research results; or
(c) cultural establishments, such as museums, libraries, archives, orchestras, and opera, ballet and theatre establishments.
(4) For the purposes of paragraph (3), "public service broadcaster" has the same meaning as in section 264(12) of the Communications Act 2003, "subsidiary" has the same meaning as in section 258 of the Companies Act 1985 and "programme services" has the same meaning as in section 405(1) of the Communications Act 2003.
(b) state the name of the applicant and an address for correspondence;
(c) specify the document requested; and
(d) state the purpose for which the document is to be re-used.
(b) of an estimated date by which it expects to respond to the request for re-use.
(4) In this regulation, responding to a request for re-use means -
(b) making the requested document available to the applicant for re-use; or
(c) where conditions are to be imposed on re-use pursuant to regulation 12, finalising the offer to the applicant of the conditions on which re-use will be permitted.
Notification of refusal
(b) from whom the public sector body obtained the document.
Processing requests for re-use
(b) provide an extract from a document where to do so would involve disproportionate effort;
(c) continue to produce a certain type of document for the purposes of re-use by another person.
(b) 31st December 2008.
(6) In this regulation, "exclusive arrangement" means a contract or other arrangement granting an exclusive right to re-use a document.
(b) a reasonable return on investment.
(3) Any charges for re-use shall, so far as is reasonably practicable, be calculated -
(b) on the basis of a reasonable estimate of the demand for documents over the appropriate accounting period.
(4) A public sector body shall not charge an applicant for costs incurred in respect of activities mentioned under paragraph (2)(a) in respect of a request for re-use, if the same applicant had been charged in respect of those same activities by that public sector body for access to the same document under information access legislation.
(b) any standard charges for re-use established under regulation 15(5);
(c) a list of main documents available for re-use; and
(d) details of the means of redress available to an applicant relating to any decision or practice affecting him under these Regulations.
(2) A public sector body shall, where possible and appropriate, make the information specified in paragraph (1) available to the public by electronic means.
(b) state the nature of the complaint; and
(c) include a copy of the written notification under regulation 17(3) where one exists.
(3) Where a body specified in paragraph (4) is the subject of a complaint under regulation 17(2) and a person has exhausted the procedure established under regulation 17(1) in respect of that complaint, or where the specified body has failed to deal with a complaint made under regulation 17(2) within a reasonable time, the person may refer that complaint to the Advisory Panel on Public Sector Information.
(b) Her Majesty's Stationery Office; and
(c) the Office of the Queen's Printer for Scotland.
(5) Where paragraph (3) applies a person shall comply with paragraph (2) as if the reference to the Office of Public Sector Information were a reference to the Advisory Panel on Public Sector Information.
(b) state the reason for the request for the review; and
(c) include a copy of the written notification under regulations 17(3) or 19(3) or both where it or they exist.
Consideration of complaints and reviews by the Advisory Panel on Public Sector Information
(This note is not part of the Regulations)
These Regulations implement Directive 2003/98/EC of the European Parliament and of the Council on the re-use of public sector information (the Directive)(O.J. No. L 345, 31.12.2003, p.90).
Regulations 2, 3 and 4 contain definitions of expressions in these Regulations, including a definition of "public sector body" in regulation 3 and "re-use" in regulation 4.
Regulation 5 provides that these Regulations do not apply to certain documents.
Regulation 6 provides for the form that a request for re-use must take.
Regulation 7 provides that a public sector body has a discretion as to whether to permit re-use of a document in response to a request. Where a public sector body permits re-use it must act in accordance with regulations 11 to 16.
Regulation 8 sets out how a public sector body should respond, and the timescales for responding, to a request for re-use.
Regulation 9 provides that where a public sector body refuses a request for re-use it must notify the applicant, give reasons for the refusal and inform the applicant of its internal complaints process and other means of redress.
Regulation 10 provides that, where possible and appropriate, a public sector body must ensure that the processing of requests for re-use can be carried out by electronic means.
Regulation 11 provides for the format and language in which a document may be provided to an applicant.
Regulation 12 allows a public sector body to impose conditions on re-use, but only where those conditions do not unnecessarily restrict the way in which a document can be re-used or restrict competition.
Regulation 13 requires that a public sector body must not impose discriminatory conditions on applicants who request re-use of a document for comparable purposes and that where a public sector body re-uses a document itself for an activity outside of its public task it must apply the same conditions to itself as to any other applicant for re-use for a comparable purpose.
Regulation 14 prohibits a public sector body entering into an exclusive arrangement for re-use except where it is necessary for the provision of a service in the public interest. Regulation 14 also makes transitional provisions to cover exclusive arrangements in existence on the coming into force of the Regulations.
Regulation 15 sets out the basis on which a public sector body may charge an applicant for allowing re-use.
Regulation 16 provides that a public sector body must publish information on conditions for re-use, standard charges, main documents available for re-use and means of redress; and, so far as possible, all such information should be made available, and in the case of the list of available documents, searchable, by electronic means.
Regulation 17 requires a public sector body to establish an internal complaints procedure to determine complaints arising under these Regulations.
Regulation 18 sets out the arrangements for the referral by a person of a complaint made under regulation 17 to the Office of Public Sector Information where he has exhausted the public sector body's complaints procedure or where the public sector body has failed to deal with the complaint within a reasonable time. Where the public sector body in question is the Office of Public Sector Information, Her Majesty's Stationery Office or the Office of the Queen's Printer for Scotland, the person may refer this complaint directly to the Advisory Panel on Public Sector Information.
Regulation 19 requires the Office of Public Sector Information to publish its procedures for considering complaints referred to it under regulation 18 and the arrangements for notifying the person and the relevant public sector body in writing of any recommendation it makes.
Regulation 20 provides for the Advisory Panel on Public Sector Information to review any recommendation made by the Office of Public Sector Information under regulation 19. Regulation 20 also provides for the form that a request for review must take.
Regulation 21 requires the Advisory Panel on Public Sector Information to publish its procedures for considering complaints referred to it under regulation 18 and for conducting reviews under regulation 20 and the arrangements for notifying the person, the relevant public sector body and the Office of Public Sector Information of any recommendation it makes.
A full regulatory impact assessment has been prepared for these Regulations together with a transposition note setting out how the main elements of the Directive are transposed into UK law. Copies of these have been made available to Parliament and are annexed to the Explanatory Memorandum, laid before Parliament alongside this instrument. Copies are also available on request from the Office of Public Sector Information, Admiralty Arch, North Side, The Mall, London SW1A 2WH.
 S.I. 2004/3328back
ISBN 0 11 072900 5
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