CODE OF PRACTICE ON PUBLIC ACCESS TO INFORMATION

2nd Edition (2005)

CONTENTS

Code of Practice on Public Access to Information
Requests For Information
The Principles Explained
Contacts

Annexes

List of the Exemptions

How we will apply the public interest and substantial harm tests to exemptions

1. Code of Practice on Public Access to Information

1.1 Purpose

This Code of Practice sets out:

the principles guiding our approach to open government;
the principles under which we will publish information or make it available on request; and
the circumstances in which we may withhold information.

It also tells you where to seek advice about requesting information and reinforces:

our commitment to open government; and
our intention to be at the forefront of open government.

1.2 Scope

This Code of Practice sets out the principles by which we will meet our commitments and obligations under:

the Freedom of Information Act 2000, the Data Protection Act 1998 and the Environmental Information Regulations, including the rights of access to information and the categories of exempt information specified in those laws; and
the relevant codes of practice and guidance issued by government departments and by the Information Commissioner.

This Code does not create rights of access to documents.

1.3 Principles of Our Approach to Openness

We are committed to the following principles. They are explained in detail in Part 3:

Principle 1 - Maximising openness
Principle 2 - Using clear language
Principle 3 - Maintaining a Publication Scheme
Principle 4 - Publishing on the internet
Principle 5 - Respecting privacy, confidentiality and law
Principle 6 - Prompt and comprehensive responses
Principle 7 - Right of complaint
Principle 8 - Providing information free of charge

1.4 Status

This Code does not override any legal provisions that require or prevent the disclosure of information.

This Code applies to information held by the Local Government Boundary Commission for Wales. The approach to openness set out in this Code is based on that produced by the National Assembly for Wales which Assembly Sponsored Public Bodies are required to follow where possible.

Contracts with third parties entered into by us include terms covering the disclosure of information. Information provided by third parties will be considered for disclosure if it is requested.

1.5 Review of this Code

We will review this Code to ensure that we continue to meet legal requirements governing access to information.

2. Requests For Information

2.1 Providing Advice and Assistance

We will, as far as is reasonable and possible, provide advice and assistance on making requests for information. Contact details are given in Part 4.

Information about the different types of information we publish is available on our website ( www.lgbc-wales.gov.uk).

2.2 Making a Request

You can request information:

in writing, including by fax or email;
by contacting us to ask to see specific published information and to make an appointment to see it;
by phone or in person if:

you are unable to put your request in writing because of a disability or for some other reason;
you are requesting environmental information
it is otherwise reasonable to do so.

If your request is not in writing, we may write to you to confirm what information you asked for.

When requesting information, you must:

give a name and address to which a reply may be sent;
give enough detail for us to identify what information you want. If your request does not contain enough detail for us to decide what information you want, we will seek clarification from you;

You may tell us how you would prefer to receive the information. For example:

a copy of the information;
by inspecting the information; or,
a digest or summary of the information.

Whenever reasonable, we will provide information in the format you prefer. If we cannot do this, we will explain why.

2.3 Which Law Applies?

You do not need to mention which law you think applies to your request for information. We will gather the information you seek and examine it to see which laws apply and then apply them. This may mean that we apply more than one law to your request.

You are encouraged to be as precise as possible in your request; if you are not sure what to say in your request, you can ask us for help. You may, if you wish, restrict the information you seek.

3. The Principles Explained

Principle 1: Maximising Openness

We will be as open as possible

We will be as open as possible and only withhold information if it falls into one of the exempt categories in Annexe A or disclosure would breach any other provision of law. Annexe A also shows, for each exemption, whether we will apply the public interest test or the substantial harm test or both.
Annexe B shows how those tests will be applied.
Our staff will receive guidance and training on maximising openness.
We will continually seek opportunities to publish information unless it is exempt under this code.
Our meeting minutes (except for exempt items) are published on the Internet at www.lgbc-wales.gov.uk. The minutes will be published in both Welsh and English and will be available shortly after they have been confirmed at our next meeting (provided they do not disclose information that is to be published in a future Review report).

Principle 2: Using Clear Language

We will present our business in clear language, in line with our bilingual policies and taking account of different needs

We will use plain, gender neutral language in our dealings with the public.
We will aim to produce brief, easy to read documents and will avoid the use of small print.
We will produce documents in English and Welsh in accordance with our Welsh Language Scheme.
We will respect the differing needs of different sectors of the community.

Principle 3: Maintaining a Publication Scheme

We will maintain a Publication Scheme

The Publication Scheme states our commitment to make information publicly available and sets out:

the information we promise to publish as a matter of course;
how this information will be published;
whether the information is available free of charge or not.

The Scheme is published on our website at www.lgbc.wales.gov.uk.
People without access to the Internet can read the scheme, and many of the documents listed in it, at any Information Link Library or at our office in Cardiff. Personal callers are welcome. There are Information Link Libraries throughout Wales.
We will also provide copies of the Scheme on request.

Principle 4: Publishing on the Internet

We will publish information on the Internet

Our website holds information that falls within the categories listed in our Publication Scheme.
We will provide a bilingual website in accordance with our statutory obligations and our policies on the use of the Welsh and English languages.
We will publish minutes of our meetings on our website. This includes minutes of our Audit Committee.
Our website will conform to international and national standards for accessibility.
Our website will provide search facilities and contact details for further enquiries about the availability of information.

Principle 5: Respecting Privacy, Confidentiality and Law

We will respect personal privacy, the duty of confidence, and all laws governing the release of information

Before we reply to a request that will involve disclosing information about someone whose interests are likely to be affected by disclosure, we will normally consult them to ensure that any disclosure complies with the law.
Examples of legislation covered by this principle include the Official Secrets Act 1989, the Data Protection Act 1998, the Human Rights Act 1998, the Environmental Information Regulations, and the Freedom of Information Act 2000. Another example is the law of defamation.

Principle 6: Prompt and Comprehensive Responses

We will provide prompt and comprehensive responses to requests for information

We will send information you request and which is not exempt, promptly and in any case within legal time limits.
We may send information in several instalments to ensure that you receive as much as possible as early as possible.
Our target for responding to a request for information will be 15 working days. "Working day" means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day, which is a bank holiday. (The Freedom of Information Act 2000 provides a statutory, general deadline of 20 working days for responding to a request for information. It also provides that in certain circumstances this may be extended to 60 working days. However, we will wherever and whenever possible, aim to respond within 15 working days).
If you need our help to make a request we will write to you for confirmation that we have understood your request correctly and so that you have a record of your request.
Any information we disclose will be in the language in which we hold the information.
If we receive a request in Welsh or English, the covering letter for our reply will be in the same language as the request.
If we receive a request for information in a language other than English or Welsh the covering letter for our reply will, where practicable, be in that language.
We do not have to obtain information we do not hold. If we think that another public authority holds some or all of the information, we will consult them and you about transferring your request. We will transfer the request if you agree or, if not, we will provide contact details for the other public authority.
We will always be as open and helpful as possible but will, where appropriate, handle vexatious and repeated requests in line with the law.
If we refuse to send you information, we will send a refusal within the legal deadline and tell you about our complaints procedure (see Principle 7).

Principle 7: Right of Complaint

We will provide a right of complaint where a member of the public is not satisfied with the response received

Where we refuse to provide information, the notification of that fact will include details of our formal complaints procedure, which is set out in our Code of Practice on Complaints. The Code can be found on the Internet on www.lgbc-wales.gov.uk. Printed copies and advice are available from our Complaints Officer - telephone (029) 2039 5031: email address lgbc.wales@wales.gsi.gov.uk.
In line with paragraph 2.3 of our Code of Practice on Complaints, and in accordance with the principles set out in that Code, any complaint that information, which should have been provided, has not been will be investigated. The Code explains that the complaint should normally be made first to the person who responded to the request. Thereafter it will be investigated in accordance with the principles set out in paragraph 2.4 of Part 2 of that Code.
If, after using our complaints procedures, you are still unhappy with the outcome, you may refer the complaint to either the Information Commissioner or the Welsh Administration Ombudsman. Usually, they will expect you to have tried our own procedures before they will investigate your complaint.

Principle 8: Providing Information Free of Charge

We will provide information free of charge where possible

Our aim is to avoid charging if we can and, if not, to keep any charges as low as possible. We will use our discretion when deciding whether or not to charge, even if we are legally entitled to charge.
We may review this principle in the light of experience.
The legislation makes provision for us to make a charge if the cost of complying with a request for information exceeds an appropriate amount. Under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 an "appropriate amount" of £600 has been set for a number of public bodies including the Commission.

4. Contacts

4.1 Making requests

Requests for information, publications, advice or assistance can be made in writing to our office at:

Local Government Boundary Commission for Wales

Caradog House

1-6 St Andrews Place

Cardiff

CF10 3BE

You may also use telephone: 02920395031, fax: 02920 395250 or e-mail: lgbc.wales@wales.gsi.gov.uk

4.2 Publication Scheme

Our Publication Scheme can be obtained from our office and is also on our website at:

www.lgbc-wales.gov.uk/publications/publication_scheme_e.htm

The latest version of our Publications Catalogue may also be obtained from our office and is also on our website at:

www.lgbc-wales.gov.uk/publications/publications_catalogue.pdf

4.3 Complaints

You can get advice about our complaints procedures from the Complaints Officer (contact details as above).

4.4 Our website

Our website is www.lgbc-wales.gov.uk

6/9/2005