The Re-use of Public Sector Information Regulations 2005

Exclusions

5.—(1) These Regulations do not apply to a document where—

(a) the activity of supplying the document is one which falls outside the public task of the public sector body; or

(b) a third party owns relevant intellectual property rights in the document.

(2) These Regulations do not apply to a document unless it—

(a) has been identified by the public sector body as being available for re-use;

(b) has been provided to the applicant; or

(c) is otherwise accessible by means other than by making a request for it within the meaning of the 1998 Act, the 2000 Act (or where appropriate the 2002 Act) or the 2004 Regulations (or where appropriate the 2004 Scottish Regulations).

(3) These Regulations do not apply to documents held by—

(a) public service broadcasters and their subsidiaries, and other bodies and their subsidiaries for the purposes of the provision of programme services or the conduct of any activities which a public service broadcaster is required or empowered to provide or to engage in by or under any enactment or other public instrument;

(b) educational and research establishments, such as schools, universities, archives, libraries, and research facilities including organisations established for the transfer of research results; or

(c) cultural establishments, such as museums, libraries, archives, orchestras, and opera, ballet and theatre establishments.

(4) For the purposes of paragraph (3), “public service broadcaster” has the same meaning as in section 264(12) of the Communications Act 2003(1), “subsidiary” has the same meaning as in section 258 of the Companies Act 1985(2) and “programme services” has the same meaning as in section 405(1) of the Communications Act 2003.

(5) These Regulations do not apply in any situation in which a person is under a legal obligation to prove an interest in order to gain access to documents.

(1)

2003 c. 21

(2)

1985 c. 6