Freedom of
Information (Jersey Heritage Trust) (Jersey) Regulations 2014
1 Interpretation
(1) In these
Regulations –
“access rights” has the meaning in Regulation 3(1);
“commencement date” means 1st January 2015;
“Freedom of Information Law” means the Freedom of Information (Jersey) Law 2011;
“exempt record” means a record or part of a record which
a public institution has indicated comprises absolutely exempt information or
qualified exempt information in accordance with Regulation 2;
“non-exempt record” means a record or part of a record
transferred to the Trust as described in Regulation 2 and in respect of
which no indication has been given in accordance with Regulation 2 that
the record or part of the record contains exempt or qualified exempt
information;
“Public Records Law” means the Public Records (Jersey) Law 2002;
“request” means a request that fulfils the requirements
of sub-paragraphs (a) to (d) of Article 2(1) of the Freedom of
Information Law;
“transferring institution” means, in relation to a
public record, the public institution which transfers or transferred that
record to the Trust under Article 20 of the Public Records Law.
(2) Words and expressions
used in these Regulations which are defined in the Public Records Law have the
same meaning as in that Law.
2 Transfer
of public records to the
Trust by a scheduled public authority
(1) If a public institution
which is a scheduled public authority transfers a public record to the Trust
under Article 20 of the Public Records Law on or after the commencement
date, it shall indicate to the Archivist upon transfer whether the record contains
absolutely exempt information or qualified exempt information.
(2) If the record partly
contains absolutely exempt information or qualified exempt information, the
public institution shall indicate which part of the record contains such
information.
3 Availability
of non-exempt records on request
(1) A person who makes a
request to the Trust for a non-exempt record is entitled –
(a) to
have a reasonable opportunity to examine the record, or to take an extract or
copy of it, in a form appropriate to the medium of the record; and
(b) to be
supplied with an extract or copy of the record (in a form appropriate to the
medium of the record),
such rights being referred to in these Regulations as “access
rights”.
(2) If a person wishes to
exercise access rights in a particular form or manner, he or she may exercise
those rights in that form or manner unless the Archivist refuses to allow such
exercise because –
(a) it
would interfere unreasonably with the operations of the Archivist;
(b) it
would not be appropriate to the medium of the record; or
(c) it
would be detrimental to the preservation of the record.
(3) A person who is
supplied with an extract or copy of a record in accordance with paragraph (1)
may be required by the Archivist to pay a reasonable fee for such extract or
copy.
(4) The Archivist may make
exercise of access rights subject to such conditions as he or she may determine
either generally or in any particular case in order to promote the preservation
of the record.
(5) The Archivist may refuse
to allow a person to exercise access rights, or cut short the exercise of such
rights, if such a person does not comply with any condition under paragraph (4)
to which such exercise is subject.
4 Procedure
for exempt records
(1) If a person makes a request
to the Trust for an exempt record, the Trust shall pass the request to the
transferring institution within 5 working days.
(2) Upon receipt of the
request, the transferring institution shall respond to the request in
accordance with the Freedom of Information Law as if –
(a) the
request had been made to it directly;
(b) the
date of the request to it was the date that the request was passed to it by the
Trust;
(c) where
appropriate, references in that Law to whether or not the authority holds
information included the holding of the exempt record by the Trust.
(3) The Trust shall make
the exempt record in its original form available to the transferring
institution in order to enable it to respond to the request.
5 Transfer
of public records to the Trust by other public institutions
(1) If a public institution
which is not a scheduled public authority transfers a public record to the
Trust under Article 20 of the Public Records Law on or after the
commencement date, the public institution may indicate to the Archivist that
the record, or part of the record, may be treated as if it were a non-exempt
record.
(2) If a transferring
institution makes an indication as described in paragraph (1), a person
who makes a request to the Trust for that record shall be entitled to exercise
access rights in respect of that record, or part of that record, in accordance
with Regulation 3.
(3) If a transferring
institution does not make an indication as described in paragraph (1) and
a person makes a request to the Trust for that record, the Trust
shall –
(a) pass
the request to the transferring institution within 5 working days of
receiving the request; and
(b) make
the record, or part of the record, available to the transferring institution it
is original form in order to enable the transferring institution to respond to
the request.
6 Public
records transferred to the Trust before the commencement date
(1) This Regulation applies
in relation to a public record that is transferred to the Trust under Article 20
of the Public Records Law by a public institution before the commencement date.
(2) If, immediately before
the commencement date –
(a) such
a public record or part of a public record would have been available for public
access under Part 5 of the Public Records Law; and
(b) a
person makes a request to the Trust for that record,
such record or part of the record will be treated as if it were a
non-exempt record and the person shall be entitled to exercise access rights in
respect of that record or part of the record in accordance with
Regulation 3.
(3) If –
(a) immediately
before the commencement date, such a public record or part of a public record
would not have been available for public access under Part 5 of the Public
Records Law; and
(b) the
transferring institution is a scheduled public authority and a person makes a
request to the Trust for that record,
such record or part of record shall be treated as if it were an
exempt record and the procedure in Regulation 4 shall apply to the
request.
(4) If –
(a) immediately
before the commencement date, such a public record or part of a public record
would not have been available for public access under Part 5 of the Public
Records Law; and
(b) the
transferring institution is not a scheduled public authority and a person makes
a request to the Trust for that record,
the Trust shall pass the request to the transferring institution
within 5 working days of receiving the request and the Trust shall make
the record, or part of the record, available to the transferring institution in
its original form in order to enable the transferring institution to respond to
the request.
7 Citation
These Regulations may be cited as the Freedom of Information (Jersey
Heritage Trust) (Jersey) Regulations 2014.