Environment Agency management system document: uncontrolled when printed [14/07/10]

Work Instruction
Charging for access to information
Number: / 384_04 / Status: / Version 3 / Issue Date: / 10/04/07 / Review Due: / 10/04/08
Document Owner:
Document Author:
Primary Contact: / Chris Jarvis
Chris Jarvis
Chris Jarvis / Post:
Post:
Post: / Freedom of Information Manager
Freedom of Information Manager
Freedom of Information Manager
Approved by:
(as set out in Schedule B of the NFSoD) / Sandra Cavill
Chris Jarvis / Post:
Post: / Acting Head of Information Management
Freedom of Information Manager
Purpose: / To provide guidance to staff responding to requests for access to information, ensuring a consistent approach to the charges that should be levied for the provision of information to third parties.
Scope: /
  • This Work Instruction supports Procedure: Responding to requests for information (400_04)
  • It applies to all staff with responsibility for providing information in response to requests.

Related Documents: /
  • 400_04 Responding to requests for information
  • 384_04_SD01 Fixed price charging menu
  • 98_07 Guidance on charging and licensing for Flood Risk/Consequence Assessments
  • 99_07 Charging for re-use of information
  • 90_07 Licensing information and know how
  • 89_07 Intellectual property notices and licences
  • 95_07 Responding to requests for information glossary

If you have any queries on the content of this document or suggestions for improvement, refer to the Primary Contact named above.
If any term or acronym used in this document is unfamiliar you might find the definition in the Glossary on Easinet: Information Resources > Glossary of Terms and Acronyms.


Steps / Procedures / Outputs
References
Starting Point:
Request / Definition of a Request:
In addition to the definition in the AMS Procedure: Responding to Requests for Information, for charging purposes a request is treated as being:
  1. an individual request for existing information
  2. a request for a series of supplies of information each of which is substantially the same in nature, but different only by being in relation to a different time period (a ‘standing order’ request)
  3. where we are not requested for a ‘series’, but where we identify a third request for information of the same kind, and from that point advise the enquirer that the third and subsequent request will be treated as if one (‘deemed standing order requests’).
For Standing Order requests (ii and iii), we will charge for the rest of that financial year and thereafter by financial year. / If it is a request go to step 1
Step 1
Is the request exempt from charging? / Exemptions from charges are as follows:
  • Media. We will waive reasonable access to information charges for established Press and Media. The decision as to who qualifies as established media will be made by the Head of Media (for National Media) or the Regional Corporate Affairs Manager (for Regional and Local Media). This waiver will be made when the general public interest and environmental benefit of not charging is greater than the need to ensure fair charging. ‘Reasonable’ for this purpose is defined as the total costs of time and materials, at our Standard Charging for Information charge rates, to the value of £450 but may be increased by the Head of Media/Regional Corporate Affairs Manager. Waivers are documented by completion of a Standard Notice (Media).
  • Memorandum of Understanding or formal agreement. This exemption applies where we have a Memorandum of Understanding (MOU) or other formal agreement with a statutory or regulatory body or ‘not for profit’ organisation that we will exchange information (unless that agreement or MOU expressly provides for charging). DIEU hold copies of relevant MOU’s and agreements.
This applies only when the request comes directly from the body with which we have the MOU or agreement. Consultants etc. acting on their behalf are not exempt.
  • Environment Agency Contractors. This exemption applies where information is supplied to our contractors who require the information to fulfil their contract/s with us and use the information solely for those purposes.
  • Statutory supply. If there is legislation (or court order etc.) that expressly states that we must supply information either generally or to a particular person(s), then this is exempt from access charges unless there is an express provision to allow us to do so. Data protection subject access requests should, however, not be charged for. An example of this is a request from a water undertaker that relates to data covered by the Water Resources Act 1991 Section 197 and Section 203.
To qualify for this exemption, the enquirer must quote the relevant statutory provision. This will typically be:
  1. a third party public body using their own legislation to require us to answer their questions
  2. or information that must be supplied under litigation procedures.
This applies only when the request comes directly from the particular person(s) to whom the legislation applies. Consultants etc. acting on their behalf are not exempt.
  • Current Consultations. When a request is made for consultation documents (e.g. strategy documents) within the consultation period, no charge shall be made for these specific, requested consultation documents.
/ If yes go to Charge Box G
If no go to step 2
Standard Notice (Media)
Step 2
Is this a commercial request? / This step is to determine whether the customer needs the information for a commercial activity.
Usually the test will simply be whether the request indicates that the customer is a business (e.g letterhead or e-mail address, or clear indication in content of request). It will rarely be necessary to do more than this.
However, we may occasionally need to clarify with the customer[1] whether they need a Notice or Licence to allow them to use our data for commercial activities. we consider ‘commercial activity’ to include:
  • Commercial bodies gaining any direct or indirect commercial advantage (e.g. sales, advertising, gaining goodwill with clients or customers by free or loss making services, sales literature etc.).
  • Non-commercial bodies (e.g. a public authority, not for profit organisation or private individual) gaining direct payment[2] – even if it is not profit making (e.g. the sale of a book or newsletter with a cover charge even if it does not cover all costs).
/ If yes go to step 10
If no go to step 3
Non – Commercial Requests
Step 3
Is the information reasonably accessible to the customer? / Reasonably accessible information is that information pro-actively made available to the public. It will include information in the Freedom of Information Publication Scheme (this includes all our ‘public registers’) and can also include:
  • other published information (including our publications with a cover charge)
  • other information published on the Internet (whether on our web site or other places)
  • other information available to the public in our’s and other’s public access libraries, including information that may be retrieved via an inter-library loan request
  • other information that has been proactively made available to the public whether by us or others (e.g. local authority public registers and commercial publishers).
NB
  • We must provide the customer with details of where the information is reasonably accessible.
  • The special provisions relating to accessibility (see Appendix 3) must be considered, particularly if the information is not included in our publication scheme.
/ If yes go to step 4
If no go to step 6
Step 4
Will the customer obtain the information from the reasonably accessible source? / We shall provide, free of charge, full details of where and how to obtain the information. / If yes go to step 5
If no go to step 6
Step 5
Information obtained elsewhere / Where the information is obtained from a personal visit to a public register or otherwise to inspect information at our premises, no charges shall be made for:
  • an explanation of how the register works and location of a suitable photocopier
  • photocopying of reasonable quantities of register material by the visitor
  • photocopying by our staff where facilities for visitors to make their own copies are not provided. This is taken to imply a degree of reasonability, which for this purpose limits the number of photocopies to being less than 500, as detailed in step 4.
If the visitor requests staff time other than the above, then the visitor should be deemed as not having obtained the information from another source (i.e. ‘no’ in answer to box 4). / Customer obtains information from readily available source
Step 6
Is the request for Special Data? / Special Data is Information or Know-how that we believe needs to be treated differently (and is therefore not supplied under a Standard Notice) either for information management reasons when extra checks or controls may be needed and/or because of its value when an additional charge may become payable. Special Data will always be in an electronic, manipulatable format (basically these mean all electronic files except locked pdfs and picture formats such as jpgs) and currently comprises:
  • National Datasets
  • a part of a National Dataset that comprises an area of significant size such as an Environment Agency Area or a major water catchment (greater or equal to the size of an Environment Agency Area)
  • Computer Software
  • Methodologies
  • Model Input Data
  • Model Output Data.
Special Data must be supplied with a special licence (or in some exceptional circumstances a Copyright Statement and Disclaimer). / If yes go to Charge Box B
If no go to step 7

Step 7

Is the information quick and easy to supply? / We shall always supply information free of charge for non-commercial use if there is minimal cost to us. This is defined as:
  • any request that can be answered in-person, by telephone, e-mail or by means of a written response where the total work involved takes no greater than 30 minutes
  • requests for readily available Environment Agency leaflets (this does not include publications with a cover charge, which must be charged for in all circumstances)
  • explaining how any public register works.
These definitions are subject to the request not being:
  • a request that can be aggregated as defined in step 8
  • a repeated/vexatious request as defined in step 9.
/ If yes go to Charge Box G
If no go to Charge Box A

Step 8

Is the marginal cost of retrieving and collating the information greater than £450. / Determination of whether the cost of retrieving and collating the information will exceed £450 is to be based upon staff costs calculated at our Standard Charging for Information charge rate of £25 per hour.
Do not include our costs for reasonable quantities of black and white photocopying made upon our machines, other than the costs of the staff time incurred whilst making the copies. Reasonable in this instance has been taken to be 500 sheets of A4 paper whether copies are made double-sided or not. If the number of copies goes above 500 sheets, then the cost of copies must be included along with staff costs in determining the overall cost at the rate of £5 for every 50 copies.
For EIR and FOI requests, do include those costs incurred by us solely for the purpose of retrieving and collating the information required.
In addition, for EIR requests, do include editing out of confidential information from the collated information
Such costs can include additional temporary staff, archive retrieval costs etc.).
We shall aggregate requests for the purposes of determining whether the request falls under £450 if:
  • requests are received within a period of 60 consecutive working days and
  • multiple requests from one person, or by different persons who appear to be acting in concert or in pursuance of a campaign and
  • if the requests relate to substantially the same subject matter or substantially the same location or locality. Examples of this include:
/ If yes go to Charge Box A
If no go to step 9
-river water quality for the same stretch of water, but relate to different time periods
-river water quality for different stretches of water, but relates to the same time period
-different sections from the same file or set of files
-information from different sources that pertain to the same issue or
-any other series of requests that could be sensibly phrased as one request.
Decisions on aggregation should be taken at no lower than Team Leader level.

Step 9

Is the request repeated or vexatious? / If we have previously provided an appropriate response to a request for information then if:
  • the same request, or one that is substantially the same, is posed again by a person or body whom an Environment Agency officer believes to be acting in concert with the original requestor and
  • this occurs within a period of time over which there is little likelihood of a significant change in the information to be provided
then this is deemed to be a repeated request.
Vexatious means the following :
  • a request where either the content or motivation would be considered unreasonable by an independent third party and
  • something that a normal, reasonable member of the public would not ask of the Environment Agency.
NB as an alternative to charging for such requests we may consider it appropriate in some circumstances to reply without charge by reference to the previous answer or alternatively to refuse the request (see Work Instruction: Refusing a Request for Information). / If yes go to Charge Box A
If no go Charge Box F
Commercial Requests
Step 10
Is the request for Special Data? / See step 6 for details of what Special Data comprises.
If the data is Special Data it needs to be issued with a Special Licence and the appropriate re-use charge. In some exceptional circumstances a Copyright Statement and Disclaimer without re-use charge may be applicable. / If yes go to Charge Box C
If no go to step 11
Copyright Statement and Disclaimer
Step 11
Does request require more than the Standard Notice (Commercial) / If it is evident from the request that what the customer wants to do will involve usage that is not permitted by the wording in the Standard Notice (Commercial), we must use a Special Licence and the appropriate re-use charge. / If yes go to Charge Box C
If no go to step 12
Standard Notice (Commercial)
Step 12
Is the request immediate and insignificant? / We shall supply information free of charge for commercial use if we can respond immediately by email or fax (and phone) all of the following are insignificant:
  • cost to us (i.e. 5-10 minutes work)
  • the volume of data
  • commercial value.
/ If yes go to Charge Box E
If no go to Charge Box D
Charging Options

Charge Box A

Standard non-commercial charging
FoI/EIR charge /

Estimated/Fixed FoI Charges:

In some instances there will be a fixed FoI charge (see Fixed Price Charging Menu) for information (e.g. Insurance Related Requests).
In all other cases our charge is based on an estimate of the costs we incur, be based on the following:
Staff time
Staff time to answer the request at £25 per hour (but this must not include the time spent by information lawyers and FOI policy advisors).
In determining the work involved in responding to a request, the following should be included:
For EIR and FOI requests:
  • collating available data and information
  • providing information in the form or format requested
  • providing the response
  • payment processing costs at £25 per request (£5 if paid by debit/credit card where this option is available).
In addition, for EIR requests:
  • time spent on the estimate itself
  • writing to relevant third parties, e.g. licence holders, who may be affected by disclosure and assessing received responses
  • any editing of confidential information (‘redacting’).

Photocopies

A reasonable number of photocopies will be provided for free. Reasonable, in this instance has been taken to be 500 sheets of A4 paper, whether copies are made double-sided or not. If the number of copies goes above 500 sheets, then the cost of copies must be included along with the other costs in determining the overall charge at the rate of £5 per whole set of 50 sheets.

External costs

Any costs attributable to external parties that may be separately identified as those costs arising solely for the purpose of providing the information required (e.g. temporary staff, postage, consumables, special equipment hire etc).
VAT
VAT is not applicable to the FoI Charge, other than those rare instances when the requested information is not environmental. / Charge is made or the request is refused
Fixed Price Charging Menu
Standard Notice (Non-Commercial)

Charge Box B

Non-commercial charging for Special Data
FoI/EIR charge + Special Data charge /

Estimated/Fixed FoI Charges:

For details of estimated and fixed FoI Charges see Box A.
Special Data Charge
Pricing for Special Data is set out in the Fixed Price Charging Menu. VAT is applicable on Special Data charges. / Charge is made or the request is refused
Fixed Price Charging Menu
Guidance: Charging and Licensing for Flood Risk/ Consequence Assessments
Special Licence (Non-Commercial)
Special Licence (FRA/FCA Licence B)
Charge Box C
Commercial charging for Special Data or Special Licence
FoI/EIR charge + Re-Use charge /

Estimated/Fixed FoI Charges:

For details of estimated and fixed FoI Charges see Box B.
Re-Use Charge
For details of Re-Use Charges, see Work Instruction: Charging for the re-use of information.
Detemination of Special Licences are set out in the Work Instruction: Licensing Information.
Detemination of Special Licences for Flood Risk Assessments/Flood Consequence Assessments are set out in Guidance: Charging and Licensing for Flood Risk/ Consequence Assessments. / Charge is made or the request is refused
Guidance: Charging and Licensing for Flood Risk/ Consequence Assessments
Work Instruction: Charging for re-use of information
Work Instruction: Licensing information
Special Licence (FRA/FCA-CFRA/FCA-D)
Charge Box D
Standard commercial charging
FoI/EIR charge + £10 Re-Use charge /

Estimated/Fixed FoI Charges:

For details of estimated and fixed FoI Charges see Box B.
Re-Use Charge
The Re-Use Charge under the Standard Notice (Commercial) is £10 + VAT. / Charge is made or the request is refused
Standard Notice (Commercial)
Charge Box E
Free / No charges apply.
Copyright Statement and Disclaimer. / Information supplied
Copyright Statement and Disclaimer
Charge Box F
Free / No charges apply.
Standard Notice (Non-Commercial) should be included unless it is apparent that the request is for usage not covered by the Standard Notice, in which case a Special Licence (Non-Commercial)should be used. / Information supplied
Standard Notice (Non-Commercial)
Special Licence (Non-Commercial)
Charge Box G
Free / Exempt from Charges.
The relevant Notice or Licence shall be applied.
In the case of licences refer to the Work Instruction: Licensing Information.
In the case of Flood Risk Assessments/Flood Consequence Assessments refer to the Guidance: Charging and Licensing for Flood Risk/ Consequence Assessments. / Charge is made or the request is refused
Work Instruction: Licensing Information
Guidance: Charging and Licensing for Flood Risk/ Consequence Assessments
Special Licence (FRA/FCA Licence A)
Appendix 1
Summary of Access Charges – Standard
Processing Payment / Staff time in answering request / Total
Up to 30 minutes (Quick and Easy) / Free unless information is being used commercially / Free unless information is being used commercially / Free (or £50 if information is being used commercially)
From 30 to 1 hour / £25 / £25 / £50
Up to 1.5 hours / £25 / £37.50 / £62.50
Up to 2 hours / £25 / £50 / £75
Up to 2.5 hours / £25 / £62.50 / £87.50
Up to 3 hours / £25 / £75 / £100
etc. / Note: +VAT for comparatively rare non-environmental information requests
Appendix 2
Summary of Charges – Payment by credit card
Processing Payment / Staff time in answering request / Total
Up to 30 minutes (Quick and Easy) / Free unless information is being used commercially / Free unless information is being used commercially / Free (or £30 if information is being used commercially)
From 30 to 1 hour / £5 / £25 / £30
Up to 1.5 hours / £5 / £37.50 / £42.50
Up to 2 hours / £5 / £50 / £55
Up to 2.5 hours / £5 / £62.50 / £67.50
Up to 3 hours / £5 / £75 / £80
etc. / Note: +VAT for comparatively rare non-environmental information requests
Appendix 3
Special situations
  • The supply of unrequested information must not be charged for.
  • We will not apply higher charges due to our information services not being reasonably efficient and professional. Therefore, an office with a ‘reasonable’ system for dealing with requests for a particular type of information should not be prevented from recovering actual costs because a different region has a more advanced information retrieval system.
  • ACCESSIBILITY Where a personal visitor to a public register is prevented from accessing that public register by virtue of particular circumstances, or in any other case where the standard means of providing the information may not be reasonably accessible to the person making the request then a discretion may be exercised by an officer of AMT level (or equivalent) or higher not to charge for providing this information, where the loss of income is up to the value of £450.

Title / Charging for access to information
No. / 384_04 / Status: / Version 3 / Issue Date: / 10/04/07 / Page 1 of 12

[1] This must be done in a sensitive manner as we must be careful not to give the impression that their proposed usage of our data will affect our decision on providing access.