Re-Use of Public Sector Information

If you wish to apply for a licence, please read our Guidelines and Standard Licence for further information. These are available in the download sectionof this page.

Why do I have to ask for permission to re-use our information?

The Freedom of Information Act and the Environmental Information Regulations provide you with a right of access to the information we hold, however, they do not provide you with the right to re-use any information we disclose to you in any way that would infringe the copyright of that information.

You will not require a licence for non-commercial research, private study, reviews or news reporting. Any wider use than this will require permission.

Please be aware that we are not obliged to allow the re-use of information, but if we do allow re-use we can impose conditions on the re-use to ensure that is used in a manner consistent with our copyright, or apply a fee for re-use. Every request will be considered on its own merits.

How do you get permission to re-use information?

You need to make a request in writing, and include:

• Your name;
• Your contact address;
• Details of the specific document or information you wish to re-use; and
• The purpose for which the document or information is to be re-used.

The request can be made by sending a request by email or in writing to:

FOI@nelincs.gov.uk or

Corporate Records and Information Manager
North East Lincolnshire Council
Policy, Performance and Development
Municipal Offices
Grimsby
North East Lincolnshire
DN31 1HU

Please note: You must have already obtained the information from us in order to apply for the re-use of it. You can combine your request for access to information under the Freedom of Information Act or Environmental Information regulations, with an application to re-use that information.

How will we deal with your application?

From receiving your application for re-use we have 20 working days to respond to you although this may be extended in exceptional circumstances. If we do need to extend the time then we will let you know this and tell you how much longer we will require.

If we have any queries regarding your application, then we will contact you for more information, offering appropriate advice and assistance as necessary

The response you will receive

The response you receive, will state one of the following

• That we are making the requested information available to you for re-use;
• That there are conditions attached to the re-use of the information, and what those conditions are; or
• That we are refusing you permission to re-use the information, providing the reason for refusal and your rights of appeal.

Why may my application be refused?

We have the right to refuse your request, provided that there are sound reasons for doing so, this will generally be because the information falls outside the scope of the regulations, and can include:

• When copyright or intellectual property rights are owned by a third party;
• The supply of the document falls outside its public task (this could include the supply of documents that are produced and charged for exclusively on a commercial basis);
• The information falls within the scope of the exempted classes of material under the Freedom of Information Act, Environmental Information Regulations or Data Protection Act.

If we refuse your request because copyright or intellectual property rights are owned by a third party, we will confirm if known the name and contact details of the third party.

Will there be a charge for re-use?

The regulations allow us to charge a fee for re-use of the information, in order to cover any costs we incur producing and supplying the information and make a reasonable return on our investment. If a charge does apply, we will advise you of this when responding to your request.

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

We cannot discriminate between two applicants who request the same information, nor can we grant you exclusive rights for re-use of the document unless it is in the public interest to do so. If exclusive rights are granted, they will be subject to regular review.

Can you request the information in a particular format?

Yes you can, however this must be specified in your request and may incur an additional cost. Please be aware that it may not always be possible or practicable for us to provide the information in your preferred format, and that we are under no obligation to comply with your request.

What if I am not happy with the way my request is handled?

If you are unhappy with the way we handle your request to re-use Council information, you can make a complaint through our complaints process.

If you are not satisfied with our response to your complaint, then you can complain direct to the Office of Public Sector Information (OPSI).

The contact address for the OPSI is:

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

Further guidance on the Re-use of Public Sector Information regulations including the OPSI complaints procedure can be found on the Office of Public Sector Information’s website http://www.opsi.gov.uk/