The main purpose of the Regulations is to establish a framework that provides for:
• The ready identification of public sector documents that are available for reuse;
• Documents are generally available for re-use at marginal cost;
• Public sector bodies to deal with applications to re-use in a timely, open and
• transparent manner;
• The process should be fair, consistent and non-discriminatory;
• Encouraging the sharing of best practice across the public sector.
The Regulations apply to all documents held by public sector bodies unless
specifically excluded.
The exclusions fall under the following headings:
• Documents that are exempt from disclosure under Freedom of Information
(FOI) legislation. This includes personal data as defined under the Data
Protection Act 1998.
• Documents in which the copyright and/or other intellectual property rights are
owned or controlled by a person or organisation other than the public sector
body;
• Documents that fall outside the scope of the public task of the public sector
body. This covers those situations where a public sector body produces
documents that are not directly related to the core responsibilities of the
public sector body. This may cover documents that are of a value added or
commercial nature;
• Documents that are held by public service broadcasters and other bodies or
their subsidiaries for the fulfilment of a public service broadcasting remit;
• Documents held by educational and research establishments such as
schools, universities, archives, libraries and research facilities.
The first place to start is Southampton City Council’s Publication Scheme (for further
details see the Freedom of Information FAQ’s). Southampton City Council will
endeavour to make information contained in the Publication Scheme available for
reuse, where possible. However, decisions relating to reuse will be made on a case by-case basis.
Complete a PSI request form.
Any requests should be sent through to:
Information Compliance Officer
Corporate Legal Team
Southampton City Council
Civic Centre
Southampton
SO14 7LY
Telephone: (023) 8083 2676
Fax: (023) 8083 2308
Email: foi.requests@southampton.gov.uk
Note:
When completing the form you will be asked to confirm that you have ‘read and
agree to abide by the Term and Conditions of the Licence’. If you do not do so you
will not be granted a licence.
Southampton City Council has 20 days to respond to your request, however there
are limited circumstances when the timeframe for the response will be extended.
Following your submission of the request form, a letter will be sent to you detailing
our decision. If re-use is permitted, the letter will also contain details of any proposed
fee and two copies of a licence. You will be asked to sign the licence and return it,
together with the fee.
Once we have received both the fee and the licence, we will issue you with a unique
licence number. This will be placed upon the licence and returned to you. Once this
has been signed and returned to us, you may proceed with re-use in accordance with
the conditions in the licence
This will be established on a case, by case basis therefore there can be no blanket
guidance issued here. However the Guidance, in line with the regulations suggests
that the cost will not exceed the cost of collection, production, reproduction and
dissemination of the document, together with a reasonable return on investment.
You will be told the factors that have been taken into account to establish the charge.
You can refer your complaint to the National Archives at:
Standards Department
Kew
Surrey
TW9 4DU
Tel. No: 020 8876 3444
Website: http://www.nationalarchives.gov.uk/
Any complaints referred to the National Archives must:
• Be in writing
• State the nature of the complaint
• Include a copy of the Council’s decision notice
• Appeals to the National Archives must be lodged within 6 months following an Internal Review.
You can request the Advisory Panel on Public Sector Information (APPSI) to review
the recommendation made by the National Archives
Any request for a review must:
• Be in writing
• State the reason for the request for the review
• Include copies of decision notices from the Council and National Archives Appeals to the APPSI must be lodged 28 days from your date of notification from the National Archives. You will need to contact:
The APPSI Chair and members of the Panel can be contacted via the Secretariat:
Information Policy and Services Directorate
The National Archives
Kew
Richmond
Surrey TW9 4DU
Tel: +44 (0) 20 8392 5330 ext: 2252
Email: secretariat@appsi.gsi.gov.uk
You will be breaking the law and Southampton City Council may take action against
you. Violation of Copyright law is a very serious matter and in doing so you could be
held liable in both in both a Civil and Criminal Court.
Southampton City Council
