The Re-use of Public Sector Information Regulations 2005

Interpretation

This section has no associated Explanatory Memorandum

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);

“applicant” means any person who makes a request for re-use of a document to a public sector body;

“content” means information recorded in any form;

“document” means any content, including any part of such content, whether in writing or stored in electronic form or as a sound, visual or audio-visual recording, other than a computer program;

“government department” includes a Northern Ireland department, the Northern Ireland Court Service and any other body or authority exercising statutory functions on behalf of the Crown;

“information access legislation” means any legislation governing access to information including the 1998 Act, the 2000 Act, the 2002 Act, the 2004 Regulations and the 2004 Scottish Regulations;

“public sector body” has the meaning ascribed to it 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(6));

(b)

database right (within the meaning of regulation 13 of the Copyright and Rights in Database Regulations 1997(7));

(c)

publication right (within the meaning of regulation 16 of the Copyright and Related Rights Regulations1996(8)); and

(d)

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

“re-use” and cognate expressions have the meaning ascribed to them in regulation 4;

“working day” means any day other than a Saturday or a Sunday, Christmas Day, Good Friday or any day which is a bank holiday under the Banking and Financial Dealings Act 1971(9) 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.