The Re-use of Public Sector Information Regulations 2015

Interpretation

2.  In these Regulations—

“the 1998 Act” means the Data Protection Act 1998(1);

“the 2000 Act” means the Freedom of Information Act 2000(2);

“the 2002 Act” means the Freedom of Information (Scotland) Act 2002(3);

“the 2004 Regulations” means the Environmental Information Regulations 2004(4);

“the 2004 Scottish Regulations” means the Environmental Information (Scotland) Regulations 2004(5);

“the 2009 Regulations” means the INSPIRE Regulations 2009(6);

“the 2009 Scottish Regulations” means the INSPIRE (Scotland) Regulations 2009(7);

“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;

“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;

“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;

“public sector body” has the meaning given by regulation 3;

“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(8));

(b)

database right (within the meaning of regulation 13 of the Copyright and Rights in Databases Regulations 1997(9));

(c)

publication right (within the meaning of regulation 16 of the Copyright and Related Rights Regulations 1996(10));

(d)

rights in performances (meaning the rights conferred by Part 2 of the Copyright, Designs and Patents Act 1988(11));

“re-use” and cognate expressions have the meaning given in regulation 4;

“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 1971(12) in any part of the United Kingdom;

“writing” includes text which is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference.

(1)

1998 c. 29.

(2)

2000 c. 36.

(3)

2002 asp 13.

(4)

S.I. 2004/3391.

(5)

S.S.I. 2004/520.

(6)

S.I. 2009/3157, as amended by S.I. 2012/1672.

(7)

S.S.I. 2009/440, as amended by S.S.I 2012/284.

(8)

1988 c. 48. Section 1 was amended by S.I. 2003/2498.

(9)

S.I. 1997/3032.

(10)

S.I. 1996/2967. Regulation 16 was amended by S.I. 2003/2498 and 2006/1028.

(11)

1988 c. 48.

(12)

1971 c. 80.