Tony,
Section 21 FOIA, subsection (2)(a) may help
Section 21
(1) Information which is reasonably accessible to the applicant
otherwise than under section 1 is exempt information.
(2) For the purposes of subsection (1) -
(a) Information may be reasonably accessible to the applicant even
though it is accessible only on payment, and....etc etc
Your example of Local Land Charges searches could also be put into the
publication scheme as well given that these are frequent requests for
information. In our Publication Scheme there is an entry for the class
"Searches in the Local Land Charges register" as follows:-
"Information relating to a specific property or land in accordance with the
Local Land Charges Act 1975 and Rules 1977 as amended. This information is
accessed by completion of a LLC1 application form and payment of the
appropriate fee."
Rudi Leoni
Principal Information Management Officer
020 8871 7202
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-----Original Message-----
From: Tony May [mailto:[log in to unmask]]
Sent: 07 June 2004 12:16
To: [log in to unmask]
Subject: FOI - exemption for chargeable service?
I was asked the other day about how freedom of information copes with a
chargeable service (in providing information) currently provided by the
local authority.
An example of this is land charge searches. Local authorities currently
obtain an income in providing this service. But what will happen when FOI
comes into force in January?
If we charge at our current rates we would likely be going against any fee
guidelines, as a flat fee is charged.
One of the thoughts that I had was that perhaps this information could be
exempt under section 43 (copied below) as by not charging the full cost we
would definitely be prejudicing our commercial interests?
This same argument could also be used in the area of archive search
requests.
Any thoughts?
Section 43.
(2) Information is exempt information if its disclosure under this Act
would, or would be likely to,
prejudice the commercial interests of any person (including the public
authority holding it).
Thanks
Tony May
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