The INSPIRE (Scotland) Regulations 2009

Interpretation S

2.—(1) In these Regulations—

“the Act” means the Freedom of Information (Scotland) Act 2002 M1 ;

[F1 “Commission Regulation (EU) No 1089/2010” means Commission Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services,]

F2 ...

“discovery service” means a service described in regulation 8(2)(a);

[F3 “interoperability” means the possibility for spatial data sets to be combined, and for services to interact, without repetitive manual intervention, in such a way that the result is coherent and the added value of the data sets and services is enhanced;]

“metadata” means information describing spatial data sets and spatial data services and making it possible to discover, inventory and use them;

“Metadata Regulation” means Commission Regulation (EC) No. 1205/2008 regarding metadata;

“Scottish public authority” has the meaning given by regulation 3;

“spatial data” means any data with a direct or indirect reference to a specific location or geographical area;

“spatial data service” means a service which consists of operations which may be performed, by invoking a computer application—

(a)

on the spatial data contained in a spatial data set, or

(b)

on the metadata related to a spatial data set;

“spatial data set” means an identifiable collection of spatial data which—

(a)

are in electronic format,

(b)

relate to one or more of the themes listed in [F4 Annex 1, 2 or 3 of the Metadata Regulation], and

(c)

relate to—

(i)

the United Kingdom,

(ii)

Gibraltar,

(iii)

the territorial sea of the United Kingdom M2 ,

(iv)

an area of the continental shelf for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 M3 , or

(v)

an area, outside the territorial sea of the United Kingdom, for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 M4 ;

“third party” has the meaning given by regulation 4.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of these Regulations—

(a) a Scottish public authority is responsible for a spatial data set if—

(i) that authority holds that data set (other than on behalf of another person), or

(ii) another person holds that data set on behalf of that authority;

(b) a Scottish public authority is responsible for a spatial data service if—

(i) that authority operates that data service (other than on behalf of another person), or

(ii) another person operates that data service on behalf of that authority;

(c) a third party is responsible for a spatial data set if—

(i) that third party holds that data set (other than on behalf of another person), or

(ii) another person holds that data set on behalf of that third party; and

(d) a third party is responsible for a spatial data service if—

(i) that third party operates that data service (other than on behalf of another person), or

(ii) another person operates that data service on behalf of that third party.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/103), regs. 1(2)(b), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) omitted (31.12.2020) by virtue of The INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/103), regs. 1(2)(b), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) inserted (23.11.2012) by The INSPIRE (Scotland) Amendment Regulations 2012 (S.S.I. 2012/284), regs. 1, 3

F4 Words in reg. 2(1) substituted (31.12.2020) by The INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/103), regs. 1(2)(b), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 2(2) omitted (31.12.2020) by virtue of The INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/103), regs. 1(2)(b), 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F6 Reg. 2(4) omitted (31.12.2020) by virtue of The INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/103), regs. 1(2)(b), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 2002 asp 13.

M2 See section 1 of the Territorial Sea Act 1987 (c.49).

M3 1964 c.29.

M4 2004 c.20.