Scope of application of the Regulations: spatial data sets and spatial data services
5.—(1) In so far as a provision of these Regulations concerns a spatial data set for which a Scottish public authority is responsible, that provision applies in relation to that spatial data set only if that data set is held—
(a)by a Scottish public authority which has produced or received that data set, or manages or updates that data set, within the scope of its public tasks; or
(b)by another person on behalf of a Scottish public authority which has produced or received that data set, or managed or updated that data set, within the scope of that authority’s public tasks.
(2) But where multiple identical copies of the same spatial data set are held by or on behalf of various Scottish public authorities, that provision applies only in relation to the reference version from which the various copies are derived.
(3) Subject to paragraph (4), in so far as a provision of these Regulations concerns a spatial data set for which a third party is responsible, that provision applies in relation to that spatial data set only if that data set has been linked to a network of related spatial data sets following satisfaction of the conditions specified in regulation 9(3).
(4) The proviso specified in paragraph (3) does not apply to regulation 9(2).
(5) In so far as a provision of these Regulations concerns a spatial data service, that provision applies in relation to that spatial data service only if that provision applies in relation to the spatial data set to which that spatial data service relates.