Re-Use of Public Sector Information

Re-use of Public Sector Information

Introduction

The Re-use of Public Sector Information Regulation Act 2005 came into effect on 1st July 2005.

Anyone may submit an application for re-use of council information for which you have previously been granted access under the Freedom of Information Act 2000 or Environmental Information Regulations 2004. You may ask if you can re-use the information for a purpose other than the initial purpose for which the document was produced. This may be, perhaps for commercial purposes, in a way which, without permission, might breach our copyright.

Brief extracts of any of the material supplied to you under FOI/EIR by Bedford Borough Council may be reproduced without our permission, under the fair dealing provisions of the Copyright, Designs and Patents Act 1988 (sections 29 and 30) for the purposes of research for non-commercial purposes, private study, criticism, review and news reporting, subject to an acknowledgement of ourselves as the copyright owner. But wider re-use would require our permission.

We may allow re-use under license, imposing conditions of the re-use of the information to ensure it is not used in a manner inconsistent with out copyright; and we may also charge a re-use fee.

We will make documents available in the format in which it already exists and there is no requirement to create or adapt documents.

How to make a Request for Re-use of Bedford Borough Council’s Information

Any request must :

· Be in writing, stating the name and address of the applicant (email correspondence and addresses are acceptable).

· Describe the information required

· State whether you acquired access to the information via FOI/EIR together with any related reference numbers

· State what you intend to re-use the information for and also the methods to be used, posting material on a website, distributing printed copies at a meeting etc.

We will respond to the request promptly and within 20 working days. Where the information is extensive or raises complex issues, the timescale may be extended. If this is the case we will notify we will notify you as soon as possible and give an estimated date for the response.

Requests for Re-use can be made by filling in the form at the following link:

http://www.bedford.gov.uk/council_and_democracy/data_protection,__foi__eir.aspx

Or by email to

By Fax to 01234 221606

By mail to Bedford Borough Council, Borough Hall, Cauldwell St, Bedford MK42 9AP

For assistance or further information please contact Ann Jones, Corporate Information Officer at the above address Tel: 01234 278981

Charging

The re-use of documents on the Council’s website will generally by free, provided it is within the terms of the council’s standard re-use conditions.

In all other cases, the Council will charge for the collection, production, reproduction and dissemination of documents.

The Council will decide on a reasonable charge for each request, based on the following:

· Staff time will be charged at real cost £25 per hour

· Copying at cost – currently 11p per page (A4)

· Postage, any other disbursements at cost.

In addition, the Council will consider a licence fee charge of £1000 per licence.

When dealing with a request for re-use, we will provide the requester with an estimated total cost. We will also make it clear to the requester that its conditions for re-use include payment in advance and that the 20-day clock will stop until the charges are paid.

Reasons for Refusal to allow Re-use of Information

The Council has the right to refuse the re-use of documents. This may be because

· Copyright contained within the information is owned by a third party;

· Supply of the information falls outside of its public task ( this could include the supply of documents that are produced and charged for exclusively on a commercial basis;

· The document is exempt under FOI/EIR and /or data protection legislation.

If we refuse a request for re-use the requester will be notified in writing within 20 working days giving the reason for refusal. If copyright is not owned by the Council, the notification will identify the person who owns the relevant rights, where known, or the name of the person from whom the Council obtained the document.

Information Asset List

Where permission for re-use is granted, we will list in a link to this section the type of permission for re-use has been granted. This list is known as an ‘Information Asset List’. This list will also be found on the Council’s Publication Scheme at the following link: http://www.bedford.gov.uk/council_and_democracy/data_protection,__foi__eir/publication_scheme__guidance.aspx

Complaints Procedure

If you are unhappy in the way we have handled your request for re-use of information or wish to complain regarding any licence fee we decide to charge please see Bedford Borough Council’s FOI complaints procedure at the following link:

http://www.bedford.gov.uk/council_and_democracy/data_protection,__foi__eir.aspx

And we will arrange for an internal review of your request.

If you are still unhappy following the review you may contact the Office for Public Sector Information

Their contact details are:

Office for Public Sector Information

Kew

Richmond

Surrey

TW9 4DU