The Re-Use of Public Sector Information Regulations 2015 provide a framework to encourage the re-use of public sector information.
Public sector information means information produced as part of the Council’s public task.
The Council is responsible for the provision of a range of public services within North Ayrshire. Its powers are conferred by statute and include:
- mandatory powers – such as providing schools and social work services
- permissive powers – such as economic development
- regulatory powers – such as environmental health and planning control
"Re-use" in this case means using the information for a purpose other than the purpose for which the document was originally produced. This could include a commercial purpose.
The directive does not provide access to the information itself. That is available through existing access to information legislation, such as the Freedom of Information (Scotland) Act 2002.
This includes information provided in the Council’s publication scheme and via the Open Data Portal.
The re-use regulations do not apply to:
- information that falls outside the scope of the public task of the Council
- information in which the relevant copyright is owned or controlled by a different person or organisation that is not in scope
- parts of documents containing only logos, crests or insignia
- information that contains personal data and must be protected
- information exempt from release under access legislation, including where a person or company has to show a particular interest to access it
How to make an application for re-use
Information provided via the Council’s Open Data Portal is available for re-use under the Open Government Licence.
If you wish to submit a request to re-use information provided under access to information legislation, you should:
- submit your request in writing
- give your name and address
- specify which information you want to re-use
- state the purpose for which the information is to be re-used
Requests should be sent to the Freedom of Information team:
Address: Freedom of Information, North Ayrshire Council, Cunninghame House, Irvine KA12 8EE.
The Council must normally respond to requests before the end of the 20th working day, beginning with the day after receipt. However, this time can be extended in complex cases.
The type of licence granted for re-use of information will depend upon the information supplied and the intended use of that information.
Review of decisions
If you have made a request and are unhappy with the response provided, the handling of your request or you have not received a response within the 20 working days, you have the right to request a review by the authority.
Please address any requests for a review to the Freedom of Information team. An officer not involved in the handling of your original request will conduct the review.
If following the outcome of the review you are still not happy you can make an appeal to the Information Commissioner’s Office:
You should raise your concerns within 3 months of your last meaningful contact with us.
Guidance on the re-use of public sector information can also be found on The National Archives website.