Costs and fees: Difference between revisions

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m (moved Fees to Costs and fees: In FOIA, at least, the issues of costs and fees are closely intertwined, so I think it will be easiest to explain them clearly by explaining them together.)
(Better (I think) summary of the situation from a user's point of view.)
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==Freedom of Information Act 2000==
==Freedom of Information Act 2000==


There are two kinds of fee under the {{ukpga|2000|36}}: fees under section 9 for releasing information that's required to be released, and fees under section 13 for releasing information that would usually be exempt under section 12 (excessive cost).
When a public authority responds to a request for information under the {{ukpga|2000|36}}, the necessarily incur costs.  Some of these costs can be recovered from the requester in the form of fees, and others are taken into account when determining whether the request may be refused under [[FOIA Section 12 Exemption|section 12]].
 
Responding to a request for information can be seen as having three parts.  The first two of these were distinguished in [http://www.informationtribunal.gov.uk/DBFiles/Decision/i359/S_Yorkshire_Police_v_IC_(EA-2009-0029)_Decision_14-12-09_(w).pdf EA/2009/0029].
 
The first part consists of the administrative act of finding the information, as set out in regulation 4 of {{uksi|2004|3244}}:
 
* determining whether [the authority] holds the information,
* locating the information, or a document which may contain the information,
* retrieving the information, or a document which may contain the information, and
* extracting the information from a document containing it.
 
The second part consists of considering policy-based exemptions and the public interest, and separating exempt parts of the retrieved information.
 
The third part consists of packaging the information and sending it to the requester, as set out in regulations 6 and 7 of {{uksi|2004|3244}}:


===Section 9===
The maximum fee chargeable under section 9 is set by regulation 6 of {{uksi|2004|3244}}.
Regulation 6 limits the maximum fee to the total costs the authority expects to incur in relation to:
* informing the person making the request whether it holds the information, and
* informing the person making the request whether it holds the information, and
* communicating the information to the person making the request.
* communicating the information to the person making the request.
including (6(3)):
* converting the information into the requested form
* copying it
* posting it
but not the costs of staff time (6(4)).


===Section 13===
Specifically, this includes:
The maximum fee under section 13 is set by regulation 7 of {{uksi|2004|3244}}.  This regulation applies to requests that exceed the costs limit set by section 12, and hence allows the authority to charge not only for the costs covered by section 9, but also for the costs that are covered by the costs limit.
 
* complying with any obligation under section 11(1) of the 2000 Act as to the means or form of communicating the information,
* reproducing any document containing the information, and
* postage and other forms of transmitting the information.
 
The three parts are treated differently for different purposes.  For the purposes of [[FOIA Section 12 Exemption|section 12]], only costs in the first part count towards determining whether the cost of the request is excessive.  For these purposes, staff time is counted at a constant £25/hour, whatever it actually costs (regulation 4).
 
For requests that fall within the section 12 limit, authorities are allowed to charge a fee, but only up to the costs expected to be incurred in the third part, and ''not'' including staff costs (regulation 6).
 
Finally, for requests that exceed the section 12 limit, an authority is allowed to reply, and to charge a fee amounting to the costs expected to be incurred in both the first and third parts, this time ''including'' staff costs (regulation 7).

Revision as of 17:49, 26 June 2010

Freedom of Information Act 2000

When a public authority responds to a request for information under the Freedom of Information Act 2000, the necessarily incur costs. Some of these costs can be recovered from the requester in the form of fees, and others are taken into account when determining whether the request may be refused under section 12.

Responding to a request for information can be seen as having three parts. The first two of these were distinguished in EA/2009/0029.

The first part consists of the administrative act of finding the information, as set out in regulation 4 of SI 2004/3244:

  • determining whether [the authority] holds the information,
  • locating the information, or a document which may contain the information,
  • retrieving the information, or a document which may contain the information, and
  • extracting the information from a document containing it.

The second part consists of considering policy-based exemptions and the public interest, and separating exempt parts of the retrieved information.

The third part consists of packaging the information and sending it to the requester, as set out in regulations 6 and 7 of SI 2004/3244:

  • informing the person making the request whether it holds the information, and
  • communicating the information to the person making the request.

Specifically, this includes:

  • complying with any obligation under section 11(1) of the 2000 Act as to the means or form of communicating the information,
  • reproducing any document containing the information, and
  • postage and other forms of transmitting the information.

The three parts are treated differently for different purposes. For the purposes of section 12, only costs in the first part count towards determining whether the cost of the request is excessive. For these purposes, staff time is counted at a constant £25/hour, whatever it actually costs (regulation 4).

For requests that fall within the section 12 limit, authorities are allowed to charge a fee, but only up to the costs expected to be incurred in the third part, and not including staff costs (regulation 6).

Finally, for requests that exceed the section 12 limit, an authority is allowed to reply, and to charge a fee amounting to the costs expected to be incurred in both the first and third parts, this time including staff costs (regulation 7).

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