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4.—(1) In so far as a provision of these Regulations concerns a spatial data set for which a public authority is responsible, that provision applies in relation to that spatial data set only if that data set is held—
(a)by a 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 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.
(a)that provision does not apply in relation to a spatial data set which is held by or on behalf of—
(i)in England, a parish council within the meaning of the Local Government Act 1972(1), or
(ii)in Wales, a community council within the meaning of that Act,
unless that body is subject to a legal requirement to collect or disseminate the data contained in that data set; and
(b)where multiple identical copies of the same spatial data set are held by or on behalf of various 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 8(3).
(4) The proviso specified in paragraph (3) does not apply to regulation 8(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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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