Arrangements for collection etc. of information about compliance with the general dutyI17
1
An authority must make such arrangements as it considers appropriate to ensure that, from time to time, it—
a
identifies relevant information that it holds;
b
identifies and collects relevant information that it does not hold; and
c
publishes relevant information that it holds and which it considers appropriate to publish.
For further provision about what the arrangements must contain see also regulation 11(2).
2
For the purposes of these Regulations an authority holds relevant information if—
a
it is held by the authority, otherwise than on behalf of another person;
b
it is held by another person on behalf of the authority; or
c
it is held by the authority on behalf of another person and—
i
that person has consented to the authority using the information for the purpose of compliance by the authority with the general duty and the duties under these Regulations; or
ii
use of the information by the authority for the purpose of compliance by it with those duties meets the conditions in paragraph (3).
3
The conditions referred to in paragraph (2)(c)(ii) are that the use of the information by the authority—
a
is not contrary to law; and
b
is reasonable, having regard to all the circumstances including, in particular, the nature of the information and the circumstances in which it was obtained by the authority.
4
The identification of relevant information includes identifying such information by means of carrying out an assessment of whether there are—
a
things done by the authority that contribute to the authority complying (or otherwise) with the general duty; and
b
things that it could do that would be likely to contribute to compliance by the authority with that duty.
5
When carrying out an assessment referred to in paragraph (4), the authority must—
a
comply with the engagement provisions; and
b
have due regard to relevant information that it holds.
6
The arrangements referred to in paragraph (1) must ensure that, not later than 2 April 2012, the authority—
a
carries out an assessment referred to in paragraph (4); and
b
publishes relevant information that it holds and which it considers appropriate to publish.