Freedom of Information
Yorkshire Culture is committed to comply with the obligations imposed by the Freedom of Information Act 2000 (the Act) which became fully operational on 1 January 2005.
The Act, which was passed with the aim of fostering a culture of openness, transparency and accountability in Government applies to some 100,000 public authorities, including Yorkshire Culture.
1 Main Features of the Act
The Act provides anyone with a general right of access to information held by public authorities in the course of carrying out their public functions, subject to certain conditions and exemptions (on exemptions see 5 below).
It also requires public authorities to produce a publication scheme setting out that information it would publish as a matter of course. Our Publication Scheme contains examples of the types of information that we hold. This may assist you to describe to us the information that you seek.
The operation of the Act is overseen by the independent office of the Information Commissioner www.ico.gov.uk and there is a new Information Tribunal which hears appeals from notices issued by the Information Commissioner under the Act and the Data Protection Act.
2 Requesting Information
Our Publication Scheme may provide you with the information you are seeking. Links to different sections of the publication scheme can be found at the bottom of this page, or you can carry out a search.
Where the information you require is not available in our Publication Scheme a request can be made in writing. Any requests for information under the Act should be sent in writing to The Corporate Information Manager, Yorkshire Culture, The Round Foundry Media Centre, Foundry Street, Leeds, LS11 5QP. Alternatively you can e-mail web@Yorkshire-culture.co.uk.
When requesting information, please provide full details of the information you believe that Yorkshire Culture holds which you would like us to make available to you. Please provide as much detail as possible to assist us in identifying the information you require.
Essential information we will require from you so we can respond to your request is your name and address and contact number and email, if available. This information will be held by us in compliance with the Data Protection Act - please see our Privacy Policy.
Please indicate how you would like to receive the information you have requested. We will try our best to accommodate your preference. If it is not possible we will explain why and, where possible, provide you with an alternative option.
If the information that you have provided is insufficient to enable us to determine if we hold the information you have requested or not, we will contact you to request additional information. Once sufficient information is received for us to confirm that we hold the information, we will determine whether or not we can disclose the information to you and whether or not a fee will be payable by you.
If we refuse to provide you with the information you have requested, we will explain the grounds on which we have refused and why those grounds apply.
If we have (i) adequate information to deal with your request; (ii) received any fee (if necessary); and (iii) not refused to disclose the information to you in accordance with all appropriate legislation, we will communicate the information requested by you within the required period of time (see 4 below).
3 How much will you charge me to provide the information??
3.1 It is Yorkshire Culture's intention that information will usually be given free of charge, but in accordance with fees regulations issued under the Act we do reserve the right to make charges for the information where appropriate, and when the amount of work and cost incurred warrants it.
3.2 The fees regulations deal with two types of costs involved in dealing with requests: (a) disbursements (that is the costs of copying, despatching the information requested); and (b) prescribed costs (in effect the costs of staff time collecting the information). The regulations require that staff time be costed at £25 per hour. The regulations prescribe a limit of £450, which governs whether a charge may be made for staff time. This equates to a little under 2 ½ days at £25 an hour and is known as the "appropriate limit". If the prescribed costs are likely to be below £450 we can only charge you for disbursements. If the prescribed costs are likely to exceed £450 we have a discretion whether or not to supply the information. If we do decide to supply the information, we can charge for the staff time in doing so, at up to £25 per hour (together with any disbursements). If in these circumstances we decide not to supply the information at all we may, if we are able to do so, advise you how you might re-phrase your request to bring the costs below the limit.
4 How long will it take to answer my request?
The exact length of time taken to answer your request will vary depending on the nature and complexity of the request. Under the Act we must normally deal with your request within 20 working days from receipt. The 20 working day period commences on the first working day after your request is received. Weekends and Bank Holidays do not count as working days. If we need further information or clarification from you, then we stop counting the working days elapsed until we have received that information from you.
In cases involving the public interest test we may seek an extension to the 20 working day limit, and in such a case, we would write to notify you accordingly.
5 What information is exempt from disclosure?
There are 22 exemptions under the Act. Eight are absolute exemptions; the other 16 are known as qualified exemptions, where Yorkshire Culture must decide whether the public interest is better served by the disclosure or the withholding of the information. For more details about the exemptions, go to www.ico.gov.uk
6 Complaints Procedure
If you are not satisfied with our response, you may ask for your request to be reviewed internally by Yorkshire Culture. A request for a review should be addressed to the Corporate Information Officer at the address shown at 2 above. A member of senior management will conduct the review and you will be notified of the outcome within 20 working days. If you remain dissatisfied, you may appeal to the Information Commissioner for a decision on the handling of your request. Requests for a review by the Information Commissioner should be made in writing directly to FOI Compliance Team (Complaints), The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.