I sent this as an EHCNET message and obtained a couple of responses (thanks to my two responders!). Hoping that the question via this forum will elicit more responses......
Is anyone willing to share their EIR charging schemes particularly in relation to differentiating for commercial charges which cover the consultants queries associated with due diligence/land transactions etc which we all get regularly.
We currently charge £80/hour but are being asked to reduce this to half a days work for free and £24/hour thereafter. Makes no sense to me in this financial climate.
I will collate circulate the responses to the group so we can benchmark against other LA's.
ICO EIR Charging Guidance states:
In general, a reasonable charge may include the actual costs of staff time taken to locate information and put it in an appropriate format for disclosure and the disbursement costs in transferring the information to the applicant. This is in contrast to the Freedom of Information Act (FOIA) where disbursements are the only charges permitted unless the appropriate cost limit is exceeded.
Commercial charges are permitted in limited circumstances.
The context of a request can affect the reasonableness of any charge. In the East Sussex case, the charge was for providing property search information that is a necessary part of a commercial property transaction. The CJEU noted that the charge for information was a very small part of the wider costs involved in the transaction. A reasonable charge in this commercial context may differ from a reasonable charge when a local residents’ group is seeking information about pollution, for example.
Enjoy the fantastic weather!
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