2.—(1) A public authority may charge a fee for making a relevant copyright work available for re-use—
(a)under section 11A(2) (release of datasets for re-use)(1) of the Act, or
(b)in accordance with a requirement imposed by virtue of section 19(2A)(c) (publication schemes: datasets)(2) of the Act.
(2) The total fee shall not exceed the sum of—
(a)the cost of collection, production, reproduction and dissemination of the relevant copyright work, and
(b)a reasonable return on investment.
(3) A fee shall be determined, so far as is reasonably practicable,—
(a)in accordance with the accounting principles applicable to the public authority from time to time, and
(b)on the basis of a reasonable estimate of the demand for a relevant copyright work over the appropriate accounting period.
(4) A fee charged by a public authority for a relevant copyright work shall not include the cost of an activity mentioned in paragraph (2)(a) if that cost has been included in any other fee charged under the Act to the same applicant by that authority in respect of that work.
(5) Where a public authority charges fees it shall, so far as is reasonably practicable, establish standard fees.
(6) The public authority shall specify in writing the basis on which a standard fee has been determined, if requested at any time to do so by the applicant.
(7) Where a standard fee has not been established, the public authority shall specify in writing the factors that will be taken into account in determining a fee, if requested at any time to do so by the applicant.
(8) The public authority may not charge a fee by virtue of this regulation in relation to a relevant copyright work where it has a power under an enactment other than the Act to charge a fee in connection with making that work available for re-use.
(9) In this regulation “the Act” means the Freedom of Information Act 2000.
Section 11A was inserted by section 102(3) of the 2012 Act.
Section 19(2A) was inserted by section 102(4) of the 2012 Act.