Access to Information Policy p3
5 Time Period for Compliance
The Council must inform the applicant, in writing, whether it holds the information requested and, if so, communicate that information to the applicant promptly, but not later than 20 working days after receipt of the request.
Non-working days are classified as being Saturdays, Sundays and all recognised public bank holidays.
The 20 working days starts from the day after the Council receives the request.
Should clarification be required, the time period will be paused until such clarification is received.
The date of receipt is the date the Council actually receives the request.
If the request is by way of email, then it is the date the email arrives in the recipient’s mailbox.
If an automated ‘out of office’ message provides instructions on how to redirect the message, then the Council will not be considered to have received the request until it is re-sent to the alternative contact given.
Similarly, if a request for environmental information is made, and an answer phone message provides an alternative contact point, then the date the clock starts will be when contact is made with the alternative contact point.
If the Council is considering applying an exemption which requires consideration of the public interest test, the Council may require further time beyond the normal 20 working day limit.
In this instance, the Council will notify the applicant that the request for information engages the public interest test and will provide an estimate of a date by which it expects to reach a decision.
6 Charging Fees
Council can only charge a fee in accordance with The Freedom of Information Act.
No fee may be charged unless the cost of meeting the request exceeds £450.
If the estimated cost of meeting the request exceeds £450, the Council may charge a fee in accordance with the Regulations.
Alternatively, Council may refuse to comply with the request or advise the applicant to focus their request in order to staff below the appropriate fees limit.
The Council may also charge for disbursements (i.e. photocopying and postage costs).
Where an information request is for environmental information, there is no limit for charges above which a request can be refused.
There is no fee structure but charges must not exceed the costs reasonably attributed to the supply of the information.
7 Non-Applicable Requests for another Public Body
If the Council receives a request for information that it does not hold, but it is aware that the information is held by another public authority, the Council will provide as much assistance as possible to the applicant in the transfer of their request to the authority which holds the information.
This may be by contacting the applicant and directing them to the appropriate public authority who holds the information, by suggesting that another application be made direct to the authority which holds the information or, if details are known, providing the applicant with contact details.
If the Council holds any of the information that has been requested, it shall treat that part of the request as an official request for information and process it accordingly.
The Council shall inform the applicant of the information it does not hold at the earliest opportunity and provide as much assistance as is reasonable to enable the applicant to locate it elsewhere.
If the Council is unable to provide any advice or assistance as to where the applicant might direct a further request for the information, or if it is inappropriate for those details to be provided, the Council will consider what advice, if any, it can provide to the applicant to enable him or her to pursue his or her request.
8 Consultation with Third Parties
The Council recognises that the disclosure of information may affect the legal rights of a third party.
The Council recognises the importance of Data Protection Legislation and the Human Rights Act and this policy is written in accordance with their terms.
The Council further recognises that unless an exemption is provided for in the FOI Act, it will be obliged to disclose that information in response for arequest.
If the consent of a third party is required prior to disclosure of information, the Council will seek to consult with that third party, with a view to seeking their consent to the disclosure, at the earliest opportunity, unless such a consultation is not practical.
The consultation may assist the Council to determine whether an exemption under the FOI Act applies to the information requested, or the views of the third party may assist the Authority to determine where the public interest lies under Section 2 of the FOI Act.
If the cost of consultation with the third party is disproportionate, the Council may consider it not appropriate to undertake that consultation.
The Council will not undertake consultation, if it does not intend to disclose the information for some other legitimate ground under the terms of the FOI Act or the views that the third party could have no effect to the decision of the Authority, or that no exemption applies.
A refusal to consent to disclosure by a third party will not on its own mean that information cannot be disclosed.
The Council will only accept information from third parties in confidence if that information would not otherwise be provided to the Council to assist the delivery of the Council’s functions.
9 Tenders and Contracts
The Council is obliged to disclose that information in response to a request unless an exemption/exception applies in relation to any particular part of a contract.
All tender and contract documentation should contain the following standard paragraphs:
“Tenderers should be aware that information provided in the completed tender and contractual documents could be disclosed in response to a request under the Freedom of Information Act or the Environmental Information Regulations.
Mid and East Antrim Borough Council will proceed on the basis of disclosure unless an appropriate exemption/exception applies.
No information provided by tenderers will be accepted “in confidence” and Council will accept no liability for loss as a result of information disclosed in response to a request under the Freedom of Information Act/Environmental Information Regulations.
Mid and East Antrim Borough Council has no discretion whether or not to disclose information in response to a request under the Freedom of Information Act/Environmental Information Regulations, unless an exemption/exception applies.
Disclosure decisions will be taken by the appropriate Council Officers having due regard to the exemptions/exceptions available and the Public Interest.
Tenderers should be aware that despite of the availability of some exemptions/exceptions, information may still be disclosed if the Public Interest in its disclosure outweighs the Public Interest in maintaining the exemption/exception.
Tenderers are advised against recording unnecessary information.
In accordance with the Lord Chancellor’s Code of Practice on the discharge of public functions, Mid and East Antrim Borough Council, will not accept any contractual terms that purports to restrict the disclosure of information held by the Council in respect of the contract or tender exercise save as permitted by the Freedom of Information Act/Environmental Information Regulations.
The decision whether to disclose information rests solely with Mid and East Antrim Borough Council.
Mid and East Antrim Borough Council will consult with tenderers, where it is considered appropriate, in relation to the release of controversial information.
Tenderers will be notified by the Council of the disclosure of information relating to them”.