Regulation 2 Interpretation

In these Regulations—

• “the 1998 Act” means the Data Protection Act 1998 M1;

• “the 2000 Act” means the Freedom of Information Act 2000 M2;

• “the 2002 Act” means the Freedom of Information (Scotland) Act 2002 M3;

• “the 2004 Regulations” means the Environmental Information Regulations 2004 M4;

• “the 2004 Scottish Regulations” means the Environmental Information (Scotland) Regulations 2004 M5;

• “the 2009 Regulations” means the INSPIRE Regulations 2009 M6;

• “the 2009 Scottish Regulations” means the INSPIRE (Scotland) Regulations 2009 M7;

• “applicant” means a person who makes a request for re-use of a document to a public sector body;

• “document” means any information recorded in any form, including any part of such information, whether in writing or stored in electronic form or as a sound, visual or audio-visual recording, other than a computer program;

• “formal open standard” means a standard which has been laid down in written form, detailing specifications for the requirements of how to ensure software interoperability;

• “government department” includes a Northern Ireland department and any other body or authority exercising statutory functions on behalf of the Crown;

• “information access legislation” means the 1998 Act, the 2000 Act, the 2002 Act, the 2004 Regulations, the 2004 Scottish Regulations, the 2009 Regulations and the 2009 Scottish Regulations;

• “machine-readable format” means a file format structured so that software applications can easily identify, recognise and extract specific data, including individual statements of fact, and their internal structure;

• “open format” means a file format that is platform-independent and made available to the public without any restriction that impedes the re-use of documents;

• “public sector body” has the meaning given by regulation 3;

• “relevant intellectual property rights” means any of the following rights—

  1. (a)

     copyright (within the meaning of section 1 of the Copyright, Designs and Patents Act 1988 M8);

  2. (b)

     database right (within the meaning of regulation 13 of the Copyright and Rights in Databases Regulations 1997 M9);

  3. (c)

     publication right (within the meaning of regulation 16 of the Copyright and Related Rights Regulations 1996 M10);

  4. (d)

     rights in performances (meaning the rights conferred by Part 2 of the Copyright, Designs and Patents Act 1988 M11);

• “re-use” and cognate expressions have the meaning given in regulation 4;

• “university” means any public sector body that provides post-secondary school higher education leading to academic degrees;

• “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M12 in any part of the United Kingdom;

• “writing” includes text which is—

  1. (a)

     transmitted by electronic means;

  2. (b)

     received in legible form; and

  3. (c)

     capable of being used for subsequent reference.