On Mon, Jul 4, 2011 at 10:24 AM, Mark Goodge <[email protected]> wrote:

> On 04/07/2011 08:50, Francis Davey wrote:
>
>> 2011/7/4 Mark Goodge<[email protected]>:
>>
>>>
>>> I tweeted and blogged about it, and someone else on Twitter pointed out
>>> that
>>> such an arrangement may well be contrary to section 14 of the Re-use of
>>> Public Sector Information Regulations 2005. If so, that would apply to
>>> the
>>> contract with Bailii as well. So I've followed it up with another FoI
>>> request:
>>>
>>> http://www.whatdotheyknow.com/**request/public_interest_**
>>> provisions_for_e<http://www.whatdotheyknow.com/request/public_interest_provisions_for_e>
>>>
>>>
>> Yes, that occurred to me. Its not the strongest of provisions though,
>> but it would be interesting to see how they respond.
>>
>> What regulation 14 does do is impose a statutory requirement to,
>> essentially, explain various arrangements in documentary form, which
>> means it can then be the subject of an FOI request. FOI can't be used
>> to make people explain things unless they have written that
>> explanation down - a fact which, alas, many requesters don't
>> appreciate.
>>
>
> I'm fully expecting that the response will be "information not held", since
> both contracts predate the regulations and my guess is that they never
> actually bothered to reconsider or document them when the regulations came
> into force. But even that would be a step forward, since it would be an
> opening for pressure to be brought to bear. "Ministry of Justice breaks the
> law" is a nice headline :-)
>

Out of interest: What is the legal situation in the UK - if you have a
contract which predates regulations, is it compulsory to revise it to make
it regulations-compliant? Or do the regulations only apply when new
contracts are made / existing contracts renewed?

All best
Michael
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