Re-use of Public Sector Information Regulations 2005 (SI 279 of 2005)
Paul McHenry: email@example.com
(a) Individual Inspections of the registers in the Registry of Friendly Societies
The information filed with the Registry of Friendly Societies (RFS) pursuant to the Industrial and Provident Societies Acts 1893 to 2014, the Friendly Societies Acts 1896 to 2014 and the Trade Unions Acts 1871 to 1975, is available for public inspection pursuant to those statutes, usually for a small fee, which has been fixed by the Minister for Business, Enterprise and Innovation.
The Registry maintains public record files on all registered entities. These are available for inspection on payment of a prescribed fee. These files contain official documentation relating to
The prescribed fee to inspect a public record file is currently €6.00 per Industrial and Provident Society or a Friendly Society file. There is no charge to inspect a Trade Union file. Photocopies of all documents on the public file can also be made. The charge is 25 cents per page for the first 10 pages and 10 cents per page thereafter. This service is also available by post. The public record files may be inspected without the need to make an FOI request.
The Registry can supply the following basic registration details of each entity, free of charge, in response to general queries - registered name, registered number, registered office, whether registered or cancelled, society type, the latest year for which an annual and, where appropriate, triennial return, is filed.
The RFS does not have a dedicated website and nor is the information stored electronically so it is not in a position to supply bulk data.
(b) Re-use of Public Sector Information under the EC (Re-use of Public Sector Information) Regulations 2005 (SI 279/2005)
As a public sector body, the RFS is subject to the above Regulations. The RFS imposes a charge for the re-use of documents that are supplied by it pursuant to a request coming within the Regulations.
It should be noted that the RFS is not required under the Regulations to create or adapt any document in order to comply with a request, or to provide extracts from documents where this would involve disproportionate effort, going beyond a simple operation or to continue the production of a certain type of document with a view to re-use.
If a request which comes within the Regulations for the re-use of documents is made, such that the RFS is required by the Regulations to release the documents, the material specified by the requestor will be released by the RFS subject to the terms of the standard-form PSI General Licence No. 2005/08/01, available at www.psi.gov.ie, and subject to an additional charging clause being included in the Licence (see below). An applicant for the re-use of documents under the Regulations is required to agree to be bound by the terms and conditions of this Licence to enable the RFS to release the documents requested.
If an individual requests the RFS to release documents for the purpose of re-use of public sector information, and the RFS is obliged under the Regulations to release said documents, the RFS will notify the applicant of the level of charge applicable to the re-use of the specified documents. The applicant should then forward to the RFS a duly completed PSI General Licence No. 2005/08/01 with the addition of the charging clause setting out the applicable level of charge as notified to the applicant by the RFS. The documents requested will be released by the RFS following receipt of the executed Licence agreement.
The text of the charging clause is as follows:
11. Clause 2 shall be construed subject to this clause - this Licence applies only to the following documents:
[insert specification of documents requested by the applicant in his/her request to RFS]
The Licensee agrees to pay to the Licensor an amount of € [ ] in respect of the release of the documents covered by this Licence, as specified above, which amount shall be paid in respect of each release of said documents by the Licensor to the Licensee. [Specify frequency of release of the documents if the request is for a continuing release of the documents by RFS, for instance daily, weekly etc.]
Basis of charge
As required by the Regulations, charges for the re-use of documents will be calculated by the RFS on the basis that the expected total income from supplying and allowing the re-use of documents will not exceed the estimated cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Charges will be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the RFS.
Link to Freedom of Information webpage.
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