Information Policy
1. Introduction
1.1 There are various pieces of legislation about holding, accessing and processing information and data.
1.2 The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals. They rule on eligible complaints, give guidance to individuals and organisations, and take appropriate action when the law is broken. The ICO enforces and oversees the Data Protection Act (2018), the UK General Data Protection Regulation, the Freedom of Information Act, the Environmental Information Regulations, and the Privacy and Electronic Communications Regulations.
1.3 The General Data Protection Act (DPA) 2018 sets out the framework for data protection law in the UK. It updates and replaces the Data Protection Act 1998 and came into effect on 25 May 2018. It was amended on 01 January 2021 by regulations under the European Union (Withdrawal) Act 2018, to reflect the UK’s status outside the EU. It sits alongside and supplements the UK General Data Protection Regulation (UK GDPR). The UK GDPR is based on the EU GDPR (General Data Protection Regulation (EU) 2016/679) which applied in the UK before that date. In practice, there is little change to core data protection principles, rights, and obligations.
1.4 All other information falls under the Freedom of Information Act 2000.
1.5 Environmental information falls under the Environmental Information Regulations 2004.
1.6 The Privacy and Electronic Communications Regulations 2003 govern electronic marketing.
1.7 This policy details how Lyme Regis Town Council interprets the law and complies with regulations. It gives a general overview of the legal requirements imposed on the council, defines how the council will make information accessible and advises how it will protect, store and dispose of information.
1.8 Lyme Regis Town Council supports the objectives of openness, accountability and transparency in the public sector.
1.9 Under the Freedom of Information Act 2000, each public authority must adopt and maintain a Publication Scheme. This is a method of making information available to the public. The scheme details the information the council will routinely make available, see appendix A.
2. Publication Scheme
2.1 There are three ways to obtain any information held:
2.1.1 The council’s website
This includes meeting agendas, minutes and the council’s governance and financial operating policies and procedures
2.1.2 Inspecting of documents at the council’s offices
Contact the town clerk to view documents. Some documents may take some time to locate, so it may be necessary to make an appointment. Normal working hours are Monday to Friday, 9am to 4.30pm.
2.1.3 Submit a written or email request
2.2 Information held by the town council which does not fall within the Publication Scheme may be requested in writing and will be considered in line with the provisions of the Freedom of Information Act 2000. The request for information must include a name, address for correspondence, and a description of the information required.
2.3 Lyme Regis Town Council will respond within 20 working days of receipt of a written request and confirm if it holds the information, advise whether a fee will be charged and provide the information (after any relevant fee has been paid) unless an exemption applies.
2.4 If an information request is subject to a charge, the information will not be released until that fee is paid.
3. Freedom of Information Act 2000
3.1 The Freedom of Information Act 2000 deals with access to official information; regulations deal with environmental information.
3.2 The Act provides individuals or organisations with the right to request information held by a public authority. They can do this by letter or email.
3.3 The Act is fully retrospective and applies to all information, not just information filed since the Act came into force.
4. Environmental Information Regulations 2004
4.1 These regulations give the public the right to access environmental information held by public authorities. The request can be made by letter, email, telephone or in person.
4.2 Environmental information is divided into the following six main areas:
4.2.1 The state of the elements of the environment, such as air, water, soil, land, fauna (including human beings)
4.2.2 Emissions and discharges, noise, energy, radiation, waste and other such substances
4.2.3 Measures and activities such as policies, plans, and agreements affecting or likely to affect the state of the elements of the environment
4.2.4 Reports, cost-benefit and economic analyses
4.2.5 The state of human health and safety, contamination of the food chain
4.2.6 Cultural sites and built structures (to the extent they may be affected by the state of the elements of the environment)
5. The Right to Know
5.1 The right under the Freedom of Information Act (FOIA) and the Environmental Information Regulations (EIR) to request information held by public authorities, known as the right to know, came into force from January 2005.
5.2 The Act allows access to recorded information such as emails, meeting agendas and minutes, research or reports held by the council.
5.3 The Freedom of Information Act 2000 gives applicants two statutory rights: to be told if the public authority holds information; and if it does, to have that information communicated to them.
6. Exemptions
6.1 Some information is exempt from disclosure.
6.2 There are 23 exemptions in the FOIA, some of which are absolute and some qualified. There are 12 exceptions from disclosure in the EIR, all of which are qualified.
6.3 Where information falls under an absolute exemption, the harm to the public interest that would result from its disclosure is already established, e.g., personal information, or if disclosure would result in an actionable breach of confidence.
6.4 There are five exemptions that are likely to apply to information held by the Town Council:
6.4.1 Information that is readily accessible to the applicant by other means
6.4.2 Information that constitutes Court records
6.4.3 Information that is defined as personal data under the Data Protection Act 2018
6.4.4 Information that has been provided in confidence
6.4.5 Information prohibited from disclosure by law
If a public authority believes that the information is covered by a qualified exemption, it must apply the public interest test.
7. Public Interest Test
The public interest test favours disclosure where a qualified exemption or an exception applies. In such cases, the information may be withheld only if the council considers that the public interest in withholding the information is greater than the public interest in disclosing it.
8. Handling of Requests
8.1 The council must normally supply the information requested in the format requested within 20 working days of receipt of a written request; confirm if it holds the information; advise whether a fee will be charged and provide the information (after any relevant fee has been paid) unless an exemption applies.
8.2 However, the town council does not have to confirm or deny the existence of the information or provide it if: an exemption applies; the request is vexatious; similar to a previous request; or the cost of compliance exceeds an appropriate limit.
8.3 If the town council decides not to disclose the information requested it will give reasons for its decision, explain how the exemption or exception applies and explain the arguments under the public interest test.
8.4 If an applicant is unhappy with a refusal to disclose information, they can request a formal review of the decision by a person not directly involved with the refusal. If the review concurs with the decision not to disclose the information the applicant can complain to the ICO. The ICO will investigate the case and either uphold the council’s use of an exemption or decide that the information must be disclosed.
9. Fees
9.1 The FOIA only allows the council to charge for answering Freedom of Information requests when costs exceed £450.
9.2 In these cases the council can decide to:
9.2.1 refuse the request; or
9.2.2 comply with the request and charge for allowable costs as prescribed in the
regulations (a fee notice will be sent to the applicant requesting the appropriate fee); or
9.2.3 comply with the request free of charge
9.3 The request for information will not be answered until the fee has been received.
9.4 If the cost of completing the request is more than the estimate then the council will incur the additional cost. However, where the cost is less than the estimated cost then the difference will be refunded to the applicant.
9.5 The council will charge 10p per A4 sheet and 15p per A3 sheet (b&w only) for photocopying and printing documents, plus recover the actual cost of postage or any other transmission costs from the applicant. Colour copies will be charged at 15p per A4 sheet and 20p per A4 sheet. Staff costs will be charged at £25 per hour.
10. Appeal Process
10.1 The role of the Information Commissioner’s Office (ICO) is to enforce and promote the FOIA and the EIR. It has responsibility for ensuring that information is disclosed promptly and that exemptions from disclosure are applied lawfully.
10.2 Cases can be referred to the ICO if, for example, there has been excessive delay or if the application of an exemption or a refusal made on public interest grounds is disputed. The ICO may serve a decision notice on the council either confirming the decision or directing it to disclose information within a certain timescale. Non-compliance with a decision notice may constitute contempt of court.
10.3 Finally, if either the applicant or the council disagrees with the ICO’s decision, an appeal can be lodged within 28 days to the independent Information Tribunal.
10.4 The Information Tribunal may uphold the ICO’s decision notice, amend it, e.g., change the time frame for release of information, or overturn it. Non-compliance with the Information Tribunal’s notice may also constitute contempt of court.
11. Data Protection and General Data Protection Regulation
11.1 Lyme Regis Town Council is also bound by the Data Protection Act (DPA) 2018 and UK General Data Protection Regulation (UK GDPR).
11.2 Alongside the General Data Protection Act 2018 and the UK GDPR establish a framework of rights and duties which are designed to safeguard personal data.
11.3 They aim to balance the legitimate needs of organisations to collect and use personal data for business and other purposes against the right of individuals to respect for the privacy of their personal details.
11.4 Personal data may be held electronically or in paper records.
11.5 There is a fine line between determining what is personal data and what is not. Therefore, to help decide whether filed information falls within the scope of the Act, below is a reference guide comprising of a series of questions which, when worked through in order, is intended to help determine whether the data held is personal data. If the answers to the questions are yes, then the data is assessed as personal data.
11.5.1 Can a living individual be ‘identified’ from the data or from other information in your possession, or likely to come into your possession?
11.5.2 Does the data ‘relate to’ the identifiable living individual, whether in personal or family life, business or profession?
11.5.3 Is the data ‘obviously about’ a particular individual?
11.5.4 Is the data ‘linked to’ an individual so that it provides particular information about that individual?
11.5.5 Is the data used, or is it to be used, to inform or influence actions or decisions affecting an identifiable individual?
11.5.6 Does the data have any biographical significance in relation to the individual?
11.5.7 Does the data focus or concentrate on the individual rather than on some other person, object, transaction or event?
11.5.8 Does the data impact or have the potential to impact on an individual, whether in a personal, family, business or professional capacity?
11.6 The town council processes personal data in order to:
11.6.1 fulfil its duties as an employer by complying with the terms of contracts of employment, safeguarding the employee and maintaining information required by law
11.6.2 pursue the legitimate interests of its business and its duties as a public body, by fulfilling contractual terms with other organisations, and maintaining information required by law
11.6.3 monitor its activities including the equality and diversity of its activities
11.6.4 fulfil its duties in operating the business premises including security
11.6.5 assist regulatory and law enforcement agencies
11.6.6 process information including the recording and updating details about its councillors, employees, partners and volunteers
11.6.7 process information including the recording and updating details about individuals who contact it for information, or to access a service, or make a complaint
11.6.8 undertake surveys, censuses and questionnaires to fulfil the objectives and purposes of the council.
11.6.9 undertake research, audit and quality improvement work to fulfil its objects and purposes
11.6.10 carry out council administration. Where appropriate and governed by necessary safeguards we will carry out the above processing jointly with other appropriate bodies from time to time.
11.7 Where appropriate and governed by necessary safeguards, the council will carry out the above processing jointly with other appropriate bodies.
11.8 The council will ensure at least one of the following conditions is met for personal information to be considered fairly processed:
11.8.1 the individual has consented to the processing
11.8.2 processing is necessary for the performance of a contract or agreement with the individual
11.8.3 processing is required under a legal obligation
11.8.4 processing is necessary to protect the vital interests of the individual
11.8.5 processing is necessary to carry out public functions.
11.8.6 processing is necessary in order to pursue the legitimate interests of the data controller or third parties.
11.9 Particular attention is paid to the processing of any sensitive personal information and the council will ensure at least one of the following conditions is met:
11.9.1 explicit consent of the individual
11.9.2 required by law to process the data for employment purposes
11.9.3 a requirement in order to protect the vital interests of the individual or another person.
11.10 Even if the information is not considered personal data, it may however be information of a sensitive nature such as data about an employee’s religious beliefs, medical background, sexual orientation, criminal records etc.
11.11 The legislation is underpinned by a set of eight principles:
11.11.1 personal data shall be processed fairly and lawfully.
11.11.2 personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
11.11.3 personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
11.11.4 personal data shall be accurate and, where necessary, kept up to date.
11.11.5 personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
11.11.6 Personal data shall be processed in accordance with the rights of data subjects under this Act.
11.11.7 appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
11.11.8 personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
11.12 The council will ensure it handles personal data and complies with the spirit of these principles.
11.13 The information provided will be processed and stored so it is possible for the council to contact, respond to or conduct the transaction requested by the individual. By communicating with the council, individuals are deemed to be giving consent for their personal data provided to be used and transferred in accordance with this policy. It is the responsibility of the individual to ensure the council is able to keep their personal data up-to-date and accurate. The personal information will not be shared or provided to any third party or be used for any purpose other than that for which is provided. It will only be kept for as long as necessary, after which, it will be deleted.
11.14 The legislation states that anyone who processes personal information must comply with the eight principles and that the area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.
11.15 The town council is registered with the Information Commissioner’s Office that it processes personal data. Failure to notify the ICO is a criminal offence. The main purpose of notification and registration with the ICO is for transparency and openness.
11.16 The legislation contains a number of exemptions from the rights and duties, and personal data must be processed in accordance with the Act unless one of the exemptions applies.
11.17 An individual has the following rights as a ‘data subject’:
11.17.1 access to information – an individual has the right to request access to the information the council has on them
11.17.2 information correction - if they believe the information the council has about them is incorrect, they may contact us so that we can update it and keep their data accurate
11.17.3 information deletion – if the individual wishes the council to delete the information about them, they can do so by contacting the council
11.17.4 right to object – if an individual believes their data is not being processed for the purpose it has been collected for, they may object to the council.
11.18 Should an individual or organisation feel they are being denied access to personal information that they are entitled to by the town council or feel their information has not been handled according to the eight principles, they can contact the ICO.
11.19 Complaints are usually dealt with informally, but if this is not possible, enforcement action can be taken.
12. Privacy and Electronic Communications Regulations
12.1 The Privacy and Electronic Communications Regulations apply to unsolicited electronic marketing messages sent by telephone, fax, email or text.
12.2 If, at any time, the council wants to make automated telephone calls or send faxes to individuals they must have the subscriber's consent and their identity must be clearly included in calls or faxes.
12.3 If they wish, subscribers (individuals or businesses) can opt out of direct marketing phone calls both to a land line and a mobile number. People on the Telephone Preference Service register will not receive these types of calls unless they give their permission.
12.4 Individual and corporate subscribers can also register their objection to receiving unsolicited direct marketing faxes by registering their number with the Fax Preference Service.
12.5 Unsolicited marketing material by electronic mail (this includes texts, picture messages and emails) will only be sent if the person has chosen to receive them, unless the email address was obtained as a result of a commercial relationship. The council will always give the individual the opportunity to stop receiving the emails.
12.6 Spam is the use of electronic messaging systems (including most broadcast media, digital delivery systems) to send unsolicited bulk messages indiscriminately. The most widely recognised form of spam is e-mail spam, also known as unsolicited bulk email (UBE), junk mail or unsolicited commercial email (UCE).
12.7 The ICO is working with its European counterparts and the US to try to reduce spam, but currently there is no legislation to cover spam sent to business addresses. The town council has processes and software in place to protect the email server as far as reasonably possible from spam.
13. General Responsibility
13.1 All town council members and officers have a duty to comply with the Freedom of Information Act 2000, the General Data Protection Regulation 2018, UK General Data Protection Regulation (UK GDPR), the Environmental Information Regulations 2004 and the Privacy and Electronic Communications Regulations 2003.
13.2 The council will issue procedural guidelines to complement this policy setting out how a request for information should be dealt with. In addition, staff training will be provided.
13.3 It is, however, the responsibility of the person who receives the information request to ensure that it is responded to according to the Act. Additional advice and support in this regard is available from the town clerk.
14. Additional Information
14.1 Additional guidance on the Freedom of Information Act, Environmental Information Regulations and the Data Protection Act are available on the ICO’s website: www.ico.gov.uk.
14.2 Alternatively the ICO can be contacted by post, telephone or email:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire, SK9 5AF
Helpline telephone number: 01625 545745
Email: mail@ico.gov.uk
15. Document Management Policy
15.1 This policy applies to all documents produced by the council and all documents received in its offices. Its objective is to aid sensible, timely management and disposal of all filing, paperwork, records and documentation.
15.2 It is important that records are carefully retained and systematically filed as they are required for inspection by a number of agencies, e.g., internal audit, external audit, HMRC.
15.3 Retention and Disposal of Documents
The requirements for the retention of specific records are laid down in the Accounts and Audit Regulations for Local Authorities. The advised periods and reasons for the retention of records are detailed on the table below.
|
Record
|
Minimum retention
period
|
Comments
|
|
Annual Leave Records
|
3 years
|
|
|
Application Forms (unsuccessful
Applicants)
|
6 months from appointee starting duties
|
|
|
Audit Till Rolls
|
3 years
|
|
|
BACS Amendments and Error Reports
|
6 years
|
|
|
BACS Details
|
6 years
|
|
|
Bank Reconciliation Records
|
6 years
|
|
|
Bank Statements and Advices
|
6 years
|
|
|
Bond Certificates – Copy
|
6 years
|
After redemption
|
|
Bonds/ Mortgages Register
|
Indefinitely
|
|
|
Budget Working Papers
|
6 years
|
|
|
Capital Registers
|
Indefinitely
|
|
|
Car Allowance Claims
|
3 years
|
|
|
Car Allowance Records
|
6 years
|
|
|
Car Lease Records
|
2 years
|
From end of lease
|
|
Car Loan Records
|
6 years
|
From end of loan
|
|
Cash Books
|
6 years
|
|
|
Consolidated Loans Pool Registers
|
Indefinitely
|
|
|
Consolidated Loans Pool Working Papers
|
6 years
|
|
|
Collection and Deposit Books
|
6 years
|
|
|
Computer Input Forms
|
2 years
|
|
|
Contract Documents
|
Contract period + 2 years
|
From final payment
|
|
Contract Payment Certificates
|
Contract period + 2 years
|
From final payment
|
|
Controlled Stationery Records
|
Indefinitely
|
|
|
Copy Orders
|
3 years
|
|
|
Copy Renewal/ Endorsement Memos
|
Indefinitely
|
|
|
Correspondence Files
|
6 years
|
|
|
Correspondence with Successful
Contractors
|
Contract period + 2 years
|
From final payment
|
|
Council Meeting Minutes
|
Indefinitely
|
Can be transferred to SCC Archives
|
|
Creditor Cheque Lists
|
6 years
|
|
|
Deduction Tabs
|
6 years
|
|
|
Deeds of Covenant
|
12 years
|
After final payment
|
|
Delivery Notes
|
3 years
|
|
|
Expenses Claims (mileage, subsistence)
|
6 years
|
HMRC requirements
|
|
Employers Liability Insurance
|
40 years
|
Management and Statute of Limitations
|
|
Final Account Working Papers
|
6 years
|
|
|
Finance Ledgers
|
Indefinitely
|
|
|
Flexi-time Records
|
3 years
|
|
|
Grant Claims / Returns
|
6 years
|
|
|
Half Yearly Interest Schedules
|
Indefinitely
|
|
|
Health and Safety Inspection Records
|
21 years
|
|
|
Insurance Claims and Correspondence
|
6 years
|
|
|
Insurance Policies (other than Liability Insurance)
|
3 years
|
After discontinuation
|
|
Insurance Registers
|
Indefinitely
|
|
|
Insurance Schedules
|
Indefinitely
|
|
|
Insurance Valuations
|
6 years
|
Unless re-valued
|
|
Internal Ledger Transfers
|
6 years
|
|
|
Inventory of Furniture & Equipment
|
Indefinitely
|
|
|
Investment Certificates
|
6 years
|
After holding
|
|
Invoices (including credit card payment
slips)
|
6 years
|
|
|
Journal Entries
|
6 years
|
|
|
Leasing Payments
|
6 years
|
|
|
Leasing Registers
|
Indefinitely
|
|
|
Leaver Forms
|
6 years
|
|
|
Liability Insurance
|
Indefinitely
|
|
|
Loans Transfer Registers
|
Indefinitely
|
|
|
Manual Cheque Payment Records
|
6 years
|
|
|
Maternity Pay Records
|
3 years
|
|
|
Members Allowance Claim Forms
|
6 years
|
|
|
Members Attendance Registers
|
Indefinitely
|
|
|
Micro-fiche Records
|
Indefinitely
|
|
|
Mortgage Deeds & Bond Certs. (repaid)
|
6 years
|
From cancellation
|
|
New Starter Forms
|
6 years
|
|
|
Notification of Coding
|
3 years
|
After end of tax year
|
|
Orders
|
3 years
|
|
|
Other Payroll Tabs
|
6 years
|
|
|
Overs and Shorts Records
|
6 years
|
|
|
Overtime Claims
|
3 years
|
|
|
Overtime Records
|
6 years
|
|
|
P45 Forms
|
3 years
|
|
|
Paid Invoices
|
6 years
|
|
|
Pay Slips – copies
|
7 years
|
|
|
Paying-In Books
|
6 years
|
|
|
Payroll Cheque Lists
|
6 years
|
|
|
Payroll Control Account Reconciliations
|
6 years
|
|
|
Payroll Control Total Tabs
|
6 years
|
|
|
Payroll Deduction Tabs
|
6 years
|
|
|
Permanent Amendments
|
6 years
|
|
|
Personnel Files
|
Indefinitely
|
|
|
Petty Cash Imprest Records
|
6 years
|
|
|
Petty Cash Receipts
|
6 years
|
|
|
Postal Remittance Books
|
6 years
|
|
|
Public Liability Insurance
|
21 Years
|
|
|
Private Health Care Records
|
6 years
|
HMRC requirements
|
|
PWLB Year End Statements
|
6 years
|
|
|
Receipt Books
|
6 years
|
|
|
Renewal/ Endorsement Memos - Copy
|
Indefinitely
|
|
|
Replacement Cheque Records
|
3 years
|
|
|
Returned Cheque Records
|
6 years
|
|
|
Securicor Records
|
6 years
|
|
|
Shorts and Overs Records
|
6 years
|
|
|
Sickness Records
|
3 years
|
|
|
Staff Records
|
6 years
|
|
|
Stock Transfer Forms
|
6 years
|
|
|
Stop Cheque Lists
|
6 years
|
|
|
Summaries of Accumulated Totals
|
6 years
|
|
|
Sundry Debtor Accounts
|
6 years
|
From date paid or written off
|
|
Sundry Debtor Records
|
3 years
|
|
|
Superannuation Correspondence
|
Indefinitely
|
|
|
Superannuation Records
|
6 years
|
Main records held with SCC
|
|
Tax and NI Details
|
6 years
|
|
|
Taxable Benefit Details
|
6 years
|
HMRC requirements
|
|
Temporary Loans Records
|
3 years
|
After repayment
|
|
Temporary Variations
|
3 years
|
|
|
Tenders - Unsuccessful Quotations
|
3 years
|
|
|
Tenders - Successful Quotations
|
Contract period + 2 years
|
From final payment
|
|
Till Rolls (Receipting Machine)
|
3 years
|
|
|
Timesheets
|
Last completed audit year
|
Audit and Working Time regulations
|
|
Unpresented Cheque Listings
|
6 years
|
|
|
VAT Returns and Records
|
6 years
|
|
|
Write Off Schedules
|
Indefinitely
|
|
|
Year-end Financial Tabs
|
Indefinitely
|
|
|
Year-end Payroll Tabs
|
12 years
|
|
15.4 General documentation, not listed above, may be kept for reference purposes, however, will be destroyed after five years.
15.5 Any documents relating to town council-owned land and property will be retained indefinitely by the town council or by the council’s solicitor to give a complete picture of refurbishments, disposals or acquisitions.
15.6 Documents produced by and readily available from other sources will be destroyed when they are outdated or superseded.
15.7 Development control and planning applications will be destroyed automatically after one year. If, however, a particular application forms part of a planning history for a specific site or town council-owned property, then the application will be kept indefinitely or until such times as the site is developed.
15.8 Within six months of a member of staff leaving Lyme Regis Town Council employment, the individual’s personnel file will be reviewed, any superannuation or salary documentation will be extracted and the remaining documentation will be destroyed. If there is likely to be a claim made against the town council under employment or other relevant legislation, the personnel file will be archived until such times as any claim has been dealt with or legal advice states that it may be destroyed.
15.9 Storage of Documents
15.9.1 Documentation readily in use or where easy and regular access is required will be stored at the town council’s offices.
15.9.2 Officers are encouraged to scan documentation where and when appropriate so that it is stored electronically for future reference. The IT systems are automatically backed up on a regular basis to ensure the safe keeping of electronic documents.
15.9.3 Older paperwork and documentation will be archived either at the town council’s offices or off site. Any documents of an historical nature will be offered to the County Records Office or the museum, as appropriate.
15.9.4 If need be, documents will be stored in secure conditions either at the town council’s offices, with the council’s solicitor or at an offsite storage facility.
15.9.5 Certain specific documentation such as meeting minutes will be offered to the county archives at Dorset County Council in Dorchester.
15.10 Destruction of Documents
15.10.1 All confidential or sensitive documents and any documents containing personal information covered by the Data Protection Act that are earmarked for disposal will either be shredded at the Town Council offices or sent for destruction by a recognised contractor specialising in the disposal of confidential waste.
15.10.2 All general documentation and paper waste will be recycled.
APPENDIX A
Publication Scheme
1. Introduction
1.1 This publication scheme commits an authority to make information available to the public as part of its normal business activities. The information covered is included in the classes of information identified by the Information Commissioner’s Office and referred to in paragraph 2. Additional information the definition of these classes is issued by the Information Commissioner.
1.2 The scheme commits an authority:
1.2.1 To proactively publish or otherwise make available as a matter of routine, information, including environmental information, which is held by the authority and falls within the classifications below
1.2.2 To specify the information which is held by the authority and falls within the classifications below
1.2.3 To proactively publish or otherwise make available as a matter of routine, information in line with the statements contained within this scheme
1.2.4 To produce and publish the methods by which the specific information is made routinely available so that it can be easily identified and accessed by members of the public
1.2.5 To review and update on a regular basis the information the authority makes available under this scheme
1.2.6 To produce a schedule of any fees charged for access to information which is made proactively available
1.2.7 To make this publication scheme available to the public
2. Classes of information
2.1 Who we are and what we do
Organisational information, locations and contacts, constitutional and legal governance
2.2 What we spend and how we spend it
Financial information relating to projected and actual income and expenditure, tendering, procurement and contracts
2.3 What our priorities are and how we are doing
Strategy and performance information, plans, assessments, inspections and reviews
2.4 How we make decisions
Policy proposals and decisions. Decision-making processes, internal criteria and procedures, consultations.
2.5 Our policies and procedures
Current written protocols for delivering our functions and responsibilities.
2.6 Lists and registers
Information held in registers required by law and other lists and registers relating to the functions of the authority.
2.7 The services we offer
Advice and guidance, booklets and leaflets, transactions and media releases. A description of the services offered.
3. The classes of information generally not included
3.1 The classes of information will not generally include:
3.1.1 Information the disclosure of which is prevented by law, or exempt under the Freedom of Information Act, or is otherwise properly considered to be protected from disclosure
3.1.2 Information in draft form
3.1.3 Information that is no longer readily available as it is contained in files that have been placed in archive storage, or is difficult to access for similar reason.
4. The method by which information published under will be made available
4.1 The authority will indicate clearly to the public what information is covered by this scheme and how it can be obtained. Where it is within the capability of a public authority, information will be provided on a website. Where it is impracticable to make information available on a website or when an individual does not wish to access the information by the website, a public authority will indicate how information can be obtained by other means and provide it by those means.
4.2 In exceptional circumstances some information may be available only by viewing in person. Where this manner is specified, contact details will be provided. An appointment to view the information will be arranged within a reasonable timescale.
4.3 Information will be provided in the language in which it is held or in such other language that is legally required. Where an authority is legally required to translate any information, it will do so.
4.4 Obligations under disability and discrimination legislation and any other legislation to provide information in other forms and formats will be adhered to when providing information in accordance with this scheme.
5. Charges which may be made for information published under this scheme
5.1 The purpose of this scheme is to make the maximum amount of information readily available at minimum inconvenience and cost to the public. Charges made by the authority for routinely published material will be justified and transparent and kept to a minimum.
5.2 Material which is published and accessed on a website will be provided free of charge.
5.3 Charges may be made for information subject to a charging regime specified by Parliament.
5.4 Charges may be made for actual disbursements incurred such as:
5.4.1 photocopying
5.4.2 postage and packaging
5.4.3 the costs directly incurred as a result of viewing information
5.5 Charges may also be made for information provided under this scheme where they are legally authorised, they are in all the circumstances, including the general principles of the right of access to information held by public authorities, justified and are in accordance with a published schedule or schedules of fees which is readily available to the public.
5.6 If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may be requested prior to provision of the information.
6. Written requests
6.1 Information held by a public authority that is not published under this scheme can be requested in writing, when its provision will be considered in accordance with the provisions of the Freedom of Information Act.
7. Information available from Lyme Regis Town Council under the Publication Scheme
7.1 All information on the website is free, all hard copy will be charged at 10p per A4 sheet (b&w)
7.2
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Information to be published
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How the information can be obtained
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Who is who on the council and its committees
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Website / hard copy
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Contact details for the Proper Officer and council members (named contacts where possible with telephone number and email address)
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Website / hard copy
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Location of main council office and accessibility details
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Website / hard copy
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Staffing structure
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Website / hard copy
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Annual return form and report by auditor
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Website / hard copy
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Finalised budget
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Website / hard copy
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Precept
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Website / hard copy
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Borrowing approval letter
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Hard copy
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Financial standing orders and regulations
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Website / hard copy
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Grants given and received
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Website / hard copy
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List of current contracts awarded and value of contract
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Hard copy
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Members’ allowances and expenses
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Hard copy
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Current strategic plan
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Website / hard copy
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Annual report to parish or community meeting (current and previous years)
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Website / hard copy
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Quality status
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Hard copy
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General Power of Competence
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Hard copy
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Timetable of meetings (council, any committee/sub-committee meetings and town meetings)
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Website / hard copy
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Agendas of meetings (as above)
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Website / hard copy
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Minutes of meetings (as above) – excluding information that is properly regarded as private to the meeting
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Website / hard copy
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Reports presented to council meetings - excluding information that is properly regarded as private to the meeting
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Website / hard copy
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Responses to consultation papers
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Website / hard copy
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Responses to planning applications
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Website / hard copy
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Bye-laws
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Hard copy
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Class 5 – Our policies and procedures
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Procedural standing orders
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Website / hard copy
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Committee and sub-committee terms of reference
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Website / hard copy
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Delegated authority in respect of officers
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Hard copy
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Members’ Code of Conduct
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Website / hard copy
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Policy statements
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Hard copy
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Policies and procedures for the provision of services and about the employment of staff
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Hard copy
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Internal policies relating to the delivery of services
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Website / hard copy
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Equality and diversity policy
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Website / hard copy
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Health and safety policy
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Website / hard copy
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Recruitment policies (including current vacancies)
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Website / hard copy
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Policies and procedures for handling requests for information
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Website / hard copy
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Complaints’ procedures (including those covering requests for information and operating the publication scheme)
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Website / hard copy
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Information security policy
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Website / hard copy
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Records management policies (records retention, destruction and archive)
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Website / hard copy
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Data protection policies
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Website / hard copy
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Schedule of charges (for the publication of information)
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Website / hard copy
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Class 6 – Lists and Registers
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Assets Register
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Hard copy
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Disclosure log (indicating the information that has been provided in response to requests; recommended as good practice)
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Hard copy
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Register of members’ interests
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Website / hard
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Register of gifts and hospitality
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Hard copy
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Allotments
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Website / hard copy
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Burial grounds and closed churchyards
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Hard copy
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Community centres and village halls
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N/A
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Parks, playing fields and recreational facilities
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Website / hard copy
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Seating, litter bins, clocks, memorials and lighting
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Hard copy
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Bus shelters
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Hard copy
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Markets
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N/A
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Public conveniences
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Hard copy
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Agency agreements
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Hard copy
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A summary of services for which the council is entitled to recover a fee, together with those fees (e.g. burial fees, cremations, scattering of ashes, hiring of football and cricket pitches
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Website / hard copy
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Newsletter
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Website / hard copy
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