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Freedom of Information Act 2000 - Ofcom's publication scheme

Ofcom's publication scheme is a guide to the information which we publish.

Introduction

What is Ofcom?

Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.

Ofcom exists to further the interests of citizen-consumers as the communications industries enter the digital age.

To do this Ofcom shall:

Ofcom is a statutory corporation. It is required to report annually to Parliament. The Communications Act 2003 (the ‘Comms Act’) provides that Ofcom is subject to inspection by the National Audit Office, and Ofcom is accountable to the Public Accounts Committee for propriety and value for money. The Comms Act also provides that Ofcom’s Annual Report shall be laid before Parliament.

Ofcom is structured so that the main decision making body of Ofcom is its Board. This Board is a unitary Board with a mix of executive (including the Chief Executive) and non-executive members (including the Chairman); it has been deliberately established in this manner to replicate the boards of the companies that Ofcom regulates. Ofcom does not have a Director-General with sole decision making responsibility or a Board consisting of entirely part-time members or a body of commissioners (which were the models in the regulators that Ofcom has replaced).

Ofcom has a number of committees and advisory bodies which either have been given delegated powers by the main Ofcom Board or offer advice to the main Ofcom Board. These committees and advisory bodies, include the Content Board, the Consumer Panel, the Nations and Regions Advisory Committees and the Older Persons and Disabled Persons Advisory Committee.

Outline of the Freedom of Information Act

The Freedom of Information Act 2000 (the ‘Act’) establishes a general right of access to all types of recorded information held by public authorities. It sets out exemptions from that right and places a number of obligations on public authorities. The Act applies to Ofcom as Ofcom is a public authority.

Individuals already have the right to access information about themselves under the Data Protection Act. From January 2005, the Freedom of Information Act will extend this right of access to all types of information. The Freedom of Information Act is enforced by the Information Commissioner. Detailed information on the Act is available on the Information Commissioner’s website: www.informationcommissioner.gov.uk
or by writing to:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Email: mail@ico.gsi.gov.uk

General enquiry telephone: 01625 545 700

Applicants will not be required to mention the Act when making a request for information. The request must however be in a permanent form, for instance in writing or by email.

A response must in general be provided within 20 working days. A public authority may ask for further information which it reasonably requires in order to identify and locate the information requested. If a fee is required, the period of 20 working days is extendable by up to three months until the fee is paid.

How Ofcom’s publication scheme works

In accordance with Section 19 of the Freedom of Information Act and the Information Commissioner’s guidelines, Ofcom has published this publication scheme (the ‘scheme’) so that it is clear what information is easily accessible without the need for individuals to make a specific request. The scheme specifies:

We will produce our scheme in English but will also provide it in Welsh, in large print for people with a visual impairment, or in formats suitable for people with dyslexia. We can also provide it in Braille or on audiotape on request.

Approval and review

The scheme was approved by the Information Commissioner for a period of four years until 29 February 2008. The scheme will therefore be formerly reviewed in February 2008. Our website is updated daily and we will regularly review the scheme to ensure it is up to date and provides as much information as possible.

Charges for information

All of the information described in this scheme is available free of charge on the Ofcom website at www.ofcom.org.uk.

Although there is no charge for the majority of paper copies of information, in some cases information which is free of charge on the website may in paper format be a publication for which there is a charge.

A charge may also be made if multiple copies or large numbers of documents are requested. Requests for information which is archived may also incur a charge. Charges will be based on costs of retrieval, photocopying and postage. When you request information, you will be informed of any charge. Charges are payable in advance, by cheque.

Copyright

All material in Ofcom’s scheme on the website is owned by Ofcom or is licensed to Ofcom and is protected by copyright, trade marks, or other proprietary rights and laws.

Unless indicated as Crown owned material or otherwise, the material may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Ofcom copyright and the title of the document/publication specified.

Any enquiries regarding copyright information not published on the Ofcom website should be addressed to contact@ofcom.org.uk by email or letter to Ofcom, 2a Southwark Bridge Road, London SE1 9HA.

As to the use of Crown owned material, please refer to HMSO at www.hmso.gov.uk or contact them on Tel: 01603 621 000.

Obtaining information

Most of the information described in this Scheme is available on the Ofcom website at www.ofcom.org.uk, or is available as paper copies. If you do not have access to our website, cannot find information or wish to obtain paper copies, please contact us by letter, fax or email.

If you require help or advice in accessing information, you can telephone the Ofcom Contact Centre on

Telephone: 0300 123 3333
Textphone: 0300 123 2024
Welsh Line: 0300 123 2023

Address letters to:

Information Requests
Ofcom
Riverside House
2a Southwark Bridge Road
London SE1 9HA

Fax: information requests on 0300 123 0811
Email: information.requests@ofcom.org.uk

Overall responsibility for the Scheme is held by the Secretary to the Corporation who can be contacted at:

The Secretary to the Corporation
The Office of Communications
2A, Riverside House
Southwark Bridge Road
London SE1 9HA

Telephone: 020 79813601
Fax: 0300 123 0811
Email: graham.howell@ofcom.org.uk

Information requested from Ofcom will be supplied as soon as possible and practicable.

Complaints and enquiries about Ofcom’s scheme

If you have a complaint or enquiry about the scheme you should

Write to the Secretary of the Corporation

Or

Phone the Ofcom Contact Centre

Classes of information which Ofcom publishes

In preparing the scheme, Ofcom has considered the various classes of information that it makes available, will continue to make available and information which will be made available in due course as Ofcom develops its policies and strategies. All the information detailed below is, or will become, available on the Ofcom website. These categories will be reviewed on a regular basis and this scheme will be updated regularly as Ofcom develops its regulatory approach.


General Information about Ofcom

It consists of:

Codes and policies

It consists of:

Competition and complaints bulletins

It consists of:

Consultations

It consists of:

Research

It consists of:

Consumer information

It consists of:

Industry groups and information

It consists of:

Licensing and numbering

It consists of:

Information which is not available on request

As a regulator, Ofcom aims to be as transparent as possible and proactively to make as much information as it can available. Ofcom does, however, have to balance transparency with confidentiality as Ofcom is in receipt of much information which may not be appropriate for publication.

Under the Act Ofcom is entitled to rely on certain exemptions to provision of information where such information is, for example, commercially sensitive, an unwarranted invasion of privacy, confidential or not in the public interest and to disclose it would hamper Ofcom’s ability to fulfil its regulatory duties. In such circumstances Ofcom will not make such information available.

Section 22 of the Act also permits Ofcom to refuse to release requested information if that information is intended for publication at a subsequent date.

Complaints

In the first instance an individual should complain to Ofcom about the way a request for information has been handled. This should be addressed to:

The Secretary to the Corporation
The Office of Communications
2A, Riverside House
Southwark Bridge Road
London SE1 9HA

Telephone: 020 7981 3601
Fax: 020 7783 4033
Email: graham.howell@ofcom.org.uk

If the individual remains dissatisfied then the complaint should be forwarded to the Information Commissioner by writing to:

FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF



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