Re-use of Public Sector Information Regulations (PSIR)

On 1 July 2005, as a result of a European Directive, new regulations came into force that allow the public to apply to re-use information held by the Audit Commission to promote their own research and publications.

'Re-use' means using the information for a purpose other than the purpose for which the document was originally produced. This could include a commercial purpose. “Documents” covers written texts, databases, audio files and film fragment.

The Audit Commission will:

• Allow the free use of information freely available from its web site so long as copyright © and intellectual property rights (IPR) are not infringed;
• Consider the granting of free use of non published information so long as copyright © and intellectual property rights (IPR) are not infringed
• Process requests for licences to use Audit Commission information that is not published by processing applications from the public

What do I have to do to make a request to re-use information?

• Put your request in writing
• State the contact name and address
• Specify the document which is required for re-use.

Send your request to:

The Compliance Manager
Audit Commission
Westward House
Lime Kiln Close
Stoke Gifford
Bristol, BS34 8SR

Email: foi@audit-commission.gov.uk

How long will I have to wait for response?

We must respond to requests within 20 working days. Where a request is received outside of normal working hours (i.e. evenings and weekends) it will be treated as having been received the next working day.

Sometimes it may be necessary to extend the time limit. Where this happens we will tell you before the end of the 20 working day deadline why we are extending the time limit and the date on which we expect to be able to respond.

Responding to a request means:

• making the requested document available for re-use, or
• where conditions are attached to the re-use, finalising the offer of the conditions on which re-use will be permitted, or
• refusing the request.

Will you always grant permission to re-use documents?

Not always. The regulations allow us to refuse requests for one or more of the following reasons:

• The document contains information in which intellectual property rights are owned by a third party.
• The content of the document is exempt from disclosure under the Freedom of Information Act 2000;
• The document falls outside of the Audit Commission's statutory functions.

Do you have to say why you have refused to allow re-use of the information?

Yes – if we refuse a request for re-use we must inform you in writing of the reason for refusal.

We must also advise you of your right of an internal review and of appeal. Where the refusal is because intellectual property rights are owned by a third party we should tell you who owns the relevant intellectual property rights (where we know that information) or the name of the person from whom we obtained the document.

Can information be used in any way I like?

No. We can impose conditions on re-use. Where we do this these conditions will be imposed by Licence, but they will not unnecessarily restrict the way in which a document can be re-used or restrict competition.

What happens if someone else wants to re-use the same information?

We cannot discriminate between two applicants who request the same information. Both requests have to be dealt with.

We cannot grant exclusive rights to re-use the information, except where the arrangement is for the provision of a service in the public interest. If an applicant is granted exclusive rights, these should be for a relatively short duration so they can be reviewed, for example every 3 years, and the details of the exclusivity agreement may have to be published on our website.

Will you charge for using the information?

We can charge for allowing re-use, but we are not allowed to charge more than it costs us to provide the information, other than allowing a reasonable return on our investment. If we have provided the information under FOI or EIR and have made a charge, this charge will be deducted from the charge for permitting re-use.

What happens if I am not happy with how you handled my request?

You can ask for an internal review of the decision. To do this you need to put your complaint in writing within 40 days of being informed of the decision.

Following the outcome of the internal review if you are still unhappy you can write to The Office of Public Sector Information at:

OPSI Standards Team
Room 1.35
Admiralty Arch
North Side
The Mall
London
SW1A 2WH

Tel: 020 7276 5217
Fax: 020 7276 5207

Or by accessing the OPSI website and completing an on-line contact form (external link).

OPSI is required to publish details of how it will deal with complaints. In certain circumstances, in relation to complex cases, they may require the complainant to pay a £750 non-refundable fee.

Any appeal to OPSI must be lodged before the end of 28 working days from the date you were advised by us of the outcome of our internal review.

What happens if I am not happy with how OPSI have dealt with my complaint?

You can complain to the Advisory Panel on Public Sector Information (APPSI).

Your appeal must:

• be in writing
• state the nature of the appeal
• include a copy of the decisions of OPSI and the Council
• be lodged with AAPPSI before the end of 28 working days from the date you were informed by OPSI of the results of their review

The APPSI may make a charge of £750 to process a complaint.

AAPPSI can be contacted at:

Advisory Panel on Public Sector Information
1.35 Admiralty Arch
The Mall
London
SW1A 2WH

Tel: 020 7276 5216
Fax: 020 7276 5207