Section 3 · The Re-use of Public Sector Information Regulations 2015

Contents

3Public Sector Bodies#

(1)For the purposes of these Regulations each of the following is a public sector body—

(a)a Minister of the Crown;

(aa)a corporation established or a group of individuals appointed to act together for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and—

(i)financed wholly or mainly by another public sector body; or

(ii)subject to management supervision by another public sector body; or

(iii)more than half of the board of directors or members of which, or in the case of a group of individuals, more than half of those individuals, are appointed by another public sector body;

(b)a government department;

(bb)an association of or formed by one or more public sector bodies;

(c)the Corporate Officer of the House of Commons;

(cc)a community justice authority established under section 3 of the Management of Offenders etc. (Scotland) Act 2005 ^note.

(d)the Corporate Officer of the House of Lords;

(e)the Northern Ireland Assembly Commission;

(f)Scottish Ministers;

(g)the Scottish Parliament;

(h)the Scottish Parliamentary Corporate Body;

(i)the National Assembly for Wales Commission;

(j)Welsh Ministers;

(k)a local authority;

(l)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 ^note or a scheme to which section 4 of that Act applies;

(la)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

(m)the Northern Ireland Fire and Rescue Service Board;

(n)a police and crime commissioner elected under section 1 of the Police Reform and Social Responsibility Act 2011 ^note;

(o)a chief constable of a police force appointed under section 2 of that Act;

(p)The Mayor's Office for Policing and Crime established under section 3 of that Act;

(q)the Commissioner of Police of the Metropolis appointed under section 4 of that Act;

(r)the Scottish Police Authority established under section 1 of the Police and Fire Reform (Scotland) Act 2012 ^note;

(s)the Police Service of Scotland established under section 6 of that Act;

(t)the Northern Ireland Policing Board;

(u)an authority established under section 10 of the Local Government Act 1985 ^note;

(v)a joint authority established by Part IV of that Act;

(w)any body established pursuant to an order under section 67 of that Act;

(x)the Broads Authority;

(y)any joint board the constituent members of which consist of any of the bodies specified in paragraphs (k) and (l), (n) to (s) and (u) to (x);

(z)a National Park authority established under section 63 of the Environment Act 1995 ^note;

(2)In the application of these Regulations to England, “local authority” means—

(a)a county council, a district council, a London borough council, a parish council or the Council of the Isles of Scilly;

(b)the Common Council of the City of London in its capacity as local authority or police authority;

(c)the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999 ^note.

(3)In the application of these Regulations to Wales, “local authority” means a county council, a county borough council or a community council.

(4)In the application of these Regulations to Scotland, “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ^note and also includes a joint board or joint committee within the meaning of that section.

(5)In the application of these Regulations to Northern Ireland, “local authority” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ^note.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 27

Show every defined term

applicant
means a person who makes a request for re-use of a document to a public sector body;
document
means any information recorded in any form, including any part of such information, whether in writing or stored in electronic form or as a sound, visual or audio-visual recording, other than a computer program;
exclusive arrangement
means a contract or other arrangement granting an exclusive right to re-use a document.
formal open standard
means a standard which has been laid down in written form, detailing specifications for the requirements of how to ensure software interoperability;
government department
includes a Northern Ireland department and any other body or authority exercising statutory functions on behalf of the Crown;
information access legislation
means the 1998 Act, the 2000 Act, the 2002 Act, the 2004 Regulations, the 2004 Scottish Regulations, the 2009 Regulations and the 2009 Scottish Regulations;
local authority
means a council constituted under section 2 of the Local Government etc.
machine-readable format
means a file format structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure;
open format
means a file format that is platform-independent and made available to the public without any restriction that impedes the re-use of documents;
programme services
has the meaning given by section 405(1) of the Communications Act 2003.
public sector body
has the meaning given by regulation 3;
public service broadcaster
has the meaning given by section 264(12) of the Communications Act 2003, “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 and “programme services” has the meaning given by section 405(1) of the Communications Act 2003.
relevant intellectual property rights
means any of the following rights— (a) copyright (within the meaning of section 1 of the Copyright, Designs and Patents Act 1988);
subsidiary
has the meaning given by section 1159 of the Companies Act 2006 and “programme services” has the meaning given by section 405(1) of the Communications Act 2003.
the 1998 Act
means the Data Protection Act 1998;
the 2000 Act
means the Freedom of Information Act 2000;
the 2002 Act
means the Freedom of Information (Scotland) Act 2002;
the 2004 Regulations
means the Environmental Information Regulations 2004;
the 2004 Scottish Regulations
means the Environmental Information (Scotland) Regulations 2004;
the 2005 Regulations
means the Re-use of Public Sector Information Regulations 2005;
the 2009 Regulations
means the INSPIRE Regulations 2009;
the 2009 Scottish Regulations
means the INSPIRE (Scotland) Regulations 2009;
the coming into force date
means the day on which these Regulations come into force.
the relevant enforcement and appeals provisions of the 2000 Act
means the following sections of the 2000 Act—
university
means any public sector body that provides post-secondary school higher education leading to academic degrees;
working day
means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971in any part of the United Kingdom.”
writing
includes text which is— (a) transmitted by electronic means;