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The Council has the right to refuse the re-use of documents provided that there are sound reasons for doing so. This will generally be because the document falls outside the scope of the Directive because:
- copyright of the document is owned by a third party;
- supply of the document falls outside its public task (this could include the supply of documents that are produced and charged for on a commercial basis)
- the document falls within the scope of the exempted classes of material under Freedom of Information and Data Protection legislation
The following documents are excluded from the Regulations:
- documents that are exempt from disclosure under Freedom of Information legislation
- documents in which the copyright and/or other intellectual property rights are owned or controlled by a third party other than the Council
- documents that fall outside the scope of the public task of the Council, i.e., documents not related to the core responsibilities of the Council such as documents with a value-added or commercial nature
- documents held by educational and research establishments such as schools, universities, archives, libraries and research facilities
- documents held by public service broadcasters (radio and TV stations) for the fulfilment of a public service broadcasting remit
If the Council refuses a request for re-use it will notify the applicant in writing of its decision within 20 working days with the reason for refusal. If copyright is owned by a third party, it will identify who owns the relevant intellectual property rights (where known), or the name of the person from whom the Council obtained the document
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Performance and Plans - Policies and Strategies Pages
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