Potterspury Parish Council
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SHUTLANGER PARISH COUNCIL
FREEDOM OF INFORMATION ACT 2000
1. The Freedom of Information Act 2000 gives a general right of access to all types of ‘recorded’ information held by public authorities, including parish councils. The Act will be enforced by the Information Commissioner, an independent public official reporting directly to Parliament. The Act extends the right of access to information provided by the Data Protection Act 1998 to corporate bodies. 2. Although the Act will not be brought fully into force until January 2005, local council have to take action well before that. 3. Parish Councils are obliged to: (i) Produce a ‘Publication Scheme’ (ii) Deal with individual requests for information. 4. Publication Scheme (i) This is a list of all the documents which the Parish Council holds to which the public should have access and be able to have a copy. (ii) The list must be adopted and in operation by 28th February 2003. (iii) Parish Councils have to prepare a draft scheme for the Information Commissioner to approve, by 31st December 2002. (iv) The scheme must set out: the types of information which members of the public can readily obtain the manner in which that information is published details of any charges (which must be reasonable and the same for all applicants). (v) Local councils have to decide how to publish the scheme after adoption. (vi) The right to access extends to individuals and corporate bodies inside and beyond the parish. (vii) The right is fully retrospective. (viii) Council do not have to respond to vexatious and repeated requests for information. 5. Applicants will have the right (i) To be told whether the information they are interested in is held by the Council (ii) To receive the information, where possible, in the manner requested (e.g. hard copy, summary etc) (iii) To inspect the record at a pre-agreed time and place. (iv) To a response within 20 working days, or up to 3 months if a fee is due and outstanding. 6. Certain categories (23) of information are exempt from release e.g. relating to national security, law enforcement, commercial interests, personal data but a test of prejudice of the public interest has to be applied. 7. The Information Commissioner has the right to oblige local councils to release information, if an applicant refers a complaint to him. This decision is subject to an appeal procedure for council and/or applicant to highest legal levels. 8. NALC and the Information Commissioner have produced a model scheme, which individual councils can accept, modify or produce their own. The model scheme comprises three parts: (i) Core classes of information which are mandatory (ii) Optional documents within the core classes (iii) Optional classes in addition to the core classes. In certain classes, date limitations are included to indicate that information outside those dates is not readily available. Some information is excluded because it is readily available elsewhere e.g. Structure Plan. All letters sent or received and information relating to private individuals is excluded.
I recommend: 1. That the core model scheme, together with certain optional classes, as set out in the attached document, is approved for submission to the Information Commissioner, in the terms of the following resolution: Shutlanger Parish Council acknowledges the duty placed upon it by the Freedom of information Act 2000 to adopt and maintain a publication scheme. The Council resolves to adopt the Model Publication Scheme for Local Councils (Core Classes plus optional documents and optional classes of information) and notify the Information Commissioner accordingly.
2. That a scale of charges for copies purchased (detailed at the end of the Schedule) be approved, with or without amendment.
3. That publicity be given to the scheme in GRASS, once approval has been received from the Commissioner.
[Note: In the following draft scheme, all the items in italics, including the whole of Classes 7-10, are optional; the remainder is the core scheme which cannot be changed except in very special circumstances.]
SHUTLANGER PARISH COUNCIL
FREEDOM OF INFORMATION ACT 2000
PUBLICATION SCHEME In accordance with the provisions of the Freedom of Information Act 2000, the Parish Council hereby publishes a list of all classes of information to which the public has access.
Anyone wishing to obtain information should in the first instance contact the Parish Clerk, whose details may be found at the end of this scheme.
Information may be obtained as a hard copy on request or may be inspected by prior arrangement with the Parish Clerk. A scale of charges for copies is appended.
The Parish Council undertakes to respond to an applicant’s request within 20 days or within 3 months if a fee is due and outstanding.
In some cases, an age limit on the ready availability of documents is stated; information beyond that date may be available but not as a matter of course.
If original documents are more readily available from another source, details of that organisation are specified in the scheme.
CLASSES OF INFORMATION AVAILABLE
1. Council internal practice and procedure: Minutes of Council and committee meetings for the last two years Procedural Standing Orders Council’s Annual report to the Parish Meeting Agendas and supporting papers for the forthcoming and immediate past Council and committee meetings.
2. Code of Conduct Members Declaration of Acceptance of Office Members Register of Interests Register of Members Interests Book
3. Periodic Electoral Review Any information concerning changes to electoral arrangements: - Information relating to the last periodic electoral review of the council area - Information relating to the latest boundary review of the council area
4. Employment Practice and Procedure Terms and conditions of employment Job descriptions (no personal records)
5. Planning Documents Responses to planning applications Definitive map of footpaths and bridleways.
Exclusions: Development Plan (Structure and Local Plans) available from District and County Planning Authorities and public libraries. 6. Audit and Accounts (Following all limited to previous financial year) Annual return form to auditors. Annual statutory report from Internal Auditor. Annual statutory report from External Auditor. Receipts and Payments Book Bank statements from all accounts Receipt book Precept request VAT records Budget Financial Standing Orders and Regulations Assets register Risk assessments
Fees and charges applied by the Council
Exclusions: all commercially sensitive information (quotations, tenders, loan documentation, insurance policies, land valuations)
7. Development and Implementation of Policy Policy statements Responses made to consultation papers Analysis of responses received to public consultations by the council
8. Byelaws For the control of dogs and dog fouling (South Northants Council byelaw).
9. Council Newsletters Copy of most recent Parish Council newsletter, where issued.
Signature…………………………………………………………………..
Position……………………………………………………………………..
Date…………………………………………………………………………
Scale of charges Copies of all minutes, reports, agendas and single sheet extracts 10p per A4 sheet Copies of reports, standing orders, policy documents, byelaws £1.00 per document
Declaration
Shutlanger Council, Shutlanger, South Northamptonshire has adopted the above Publication Scheme produced in accordance with section 20 of the Freedom of Information Act 2000 and will publish information in accordance with that scheme.
Signature………………………………………………………..
Position…………………………… Chairman of the Parish Council
Date……………………………………………………………….. The contact details for the person who will be responsible for maintaining the publication scheme and who should be contacted if any issues arise concerning the Council’s compliance with the Freedom of Information Act are:
Mrs Helen Westlake Clerk to Shutlanger Parish Council 53 Eastfield Crescent Yardley Gobion Northants NN12 7TT
Tel: 01908 542414 Email: [email protected]