Swanley Town Council’s
PUBLICATION SCHEME
PURPOSE OF A PUBLICATION SCHEME - THE LEGAL REQUIREMENTS
Section 19 of the Freedom of Information Act 2000 states:-
(i) It shall be the duty of every Public Authority:-
(a) to adopt and maintain a scheme which relates to the publication of information by the Authority and is approved by the Commissioner (in this Act referred to as a "publication scheme");
(b) to publish information in accordance with its publication scheme; and
(c) from time to time to review its publication scheme.
(ii) A publication scheme must:-
(a) specify classes of information which the Public Authority publishes or intends to publish;
(b) specify the manner in which information of each class is, or is intended to be published, and
(c) specify whether the material is, or is intended to be, available to the public free of charge or on payment.
(iii) In adopting or reviewing a publication scheme, a Public Authority shall have regard to the public interest:-
(a) in allowing public access to information held by the Authority, and
(b) in the publication of reasons for decisions made by the Authority.
Swanley Town Council adopted the model code publication scheme provided by the Information Commissioner at Council meeting on 13 November 2002. The Town Council resolved that “Swanley Town Council acknowledge the duty placed upon it by the Freedom of Information act 2000 and the publication scheme attached at Appendix 1 of the Report 77/02 be adopted.”
The report and Appendix 1 is included for convenience and forms part of the Town Council’s Publication Scheme.
BRIEF DESCRIPTION OF COUNCIL'S RESPONSIBILITIES
The person designated with responsibility for this scheme on behalf of Swanley Town Council is the Assistant Town Clerk (Corporate) who is based at Swanley Town Council's Offices, Civic Centre, Swanley BR8 7BU, telephone 01322 665855 or email towncouncil@swanley.org
The Assistant Town Clerk (Corporate) also has responsibility for maintaining the scheme on a day to day basis.
HOW THE TOWN COUNCIL’S SCHEME WILL OPERATE
From January 2002, the Freedom of Information Act will allow you to contact the Council in writing and request information including as detailed a description of the information or documents you require as possible, how you would like the information conveyed to you, your name and contact details including a telephone number and email address.
The Council will provide the information within 20 working days of receipt of your request. However, in some cases, it may not be possible to provide the information within 20 working days. In these circumstances, you will be given within 20 working days a time scale as to when the information can be provided or notified that the Council is considering whether an exemption may apply.
Further information on the Act can be found on the Information Commissioner’s website www.informationcommissioner.gov.uk
CLASSES TO WHICH THE SCHEME DOES NOT APPLY
Personnel records relating to salary details, discipline, sickness, etc. by virtue of the Data Protection Act 1998 and the Local Government & Housing Act 1989.
Tenders; quotations; which are treated as confidential to ensure the tendering process is fair and no-one can be unfairly disadvantaged.
Commercially sensitive information on land and property dealings - because the Council's bargaining position in any negotiations may be prejudiced and such issues are covered by the Public Bodies (Admissions to Meetings) Act 1961 and the Local Government (Access to Information) Act 1985 and the Local Government Act 1972.
In respect of the categories of exemption in the above paragraphs the Council is entitled under the statutes mentioned, to exclude the press and public from meetings when such items are under discussion.
HOW THE INFORMATION WILL BE PUBLISHED
In respect of all of the classes of information which are available to the public, these will be made available in hard copy. Where the documents are computer based and can be made available via email, the Council will endeavour to provide such information to any enquirer.
REPORT CONSIDERED BY THE TOWN COUNCIL:
please note the Council actually resolved that “Swanley Town Council acknowledge the duty placed upon it by the Freedom of Information act 2000 and the publication scheme attached at Appendix 1 of the Report 77/02 be adopted.” Rather than the recommendation included in the report.
77/02
Agenda Item: 8
Report to: Council
Date: Wednesday 13 November 2002
Subject: Freedom of Information Act 2000
Summary: To adopt a Publication Scheme as required by the Freedom of Information Act 2000
Recommendations
It is recommended that the Publication Scheme attached at
Appendix 1 be adopted by Swanley Town Council
1. Information
1.1 The Freedom of Information Act 2000 defines the public authorities that are covered by the Act and so are required to adopt and maintain a publication scheme. Paragraph 7, Part II of Schedule 1 of the Freedom of Information Act defines a local authority within the meaning of the Local Government Act 1972 as a public authority. This includes a parish, town and community council in England and Wales.
1.2 In order to comply with this legislation Swanley Town Council must adopt a Publication Scheme and ensure that the information within the Scheme is easily available to the public ie published.
2. Publication Scheme
2.1 In order to assist town and parish councils with this undertaking NALC has produced a Model Publication Scheme and it is proposed that Swanley Town Council uses this as the basis for the Town Council's Publication Scheme.
2.2 The Model Scheme contains 6 core classes of information for publication
¨ Council internal practice and procedure
¨ Code of Conduct
¨ Periodic Electoral Review
¨ Employment practice and procedure
¨ Planning documents
¨ Audit and Accounts
2.3 There are a further seven optional classes of information and it is proposed that Swanley Town Council will publish all the optional classes applicable to the Council's functions:
¨ Development and implementation of policy
¨ Byelaws
¨ Council circulars/newsletters
¨ Entertainment information
¨ Allotments
¨ Best Value
2.4 Excluded throughout the Scheme is general correspondence sent or received by the Council and all information relating to private individuals by virtue of its being personal data under the Data Protection Act 1998. All commercially sensitive information is also excluded from the Publication Scheme.
2.5 The proposed Publication Scheme for Swanley Town Council is attached at Appendix 1, together with a copy of the declaration form to be sent to the Information Commissioner. In order to comply with the Freedom of Information Act 2000 Swanley Town Council must adopt a Publication Scheme and submit it for approval between 01 October 2002 and 31 December 2002.
3. Publication
3.1 All the information included in Swanley Town Council's Publication Scheme will be available in hard copy from the Civic Centre. It is proposed that details of all information in the Scheme will be held at the Civic Centre Reception and Tourist Information Centre. In some cases the actual information will be available and for other information there will
be details of how to obtain the information.
3.2 The Officer responsible for the maintenance of the Publication Scheme will be the Assistant to the Town Clerk (Corporate).
4. Financial Implications
4.1 The cost of "publishing" the information contained within the Publication Scheme will be minimal and contained within the 2002/2003 Budget. It is not proposed to charge for copies of any information requested under the Publication Scheme. However, this would be reviewed should demand for information be higher than anticipated.
5. Environmental Implications
5.1 There are no environmental implications arising from this report.
Contact Officer Sarah Arding, Assistant to the Town Clerk (Corporate)
Swanley Town Council's Publication Scheme
Swanley Town Council has selected the following options within the model publication scheme for local councils.
CORE CLASSES OF INFORMATION
1) COUNCIL INTERNAL PRACTICE AND PROCEDURE
Minutes of council, committee and sub-committee meetings (limited to the last 2 years)
Procedural Standing Orders
Councils Annual Report to Parish Meeting
Agendas and supporting papers for council, committee and sub-committee meetings (limited in each case to the forthcoming/immediate meeting)
Terms of Reference for Committees
2) CODE OF CONDUCT
Members Declaration of Acceptance of Office
Members Register of Interests
Register of Members Interests Book
3) PERIODIC ELECTORAL REVIEW
Information relating to the last Periodic Electoral Review of the council area
Information relating to the latest boundary review of the council area
4) EMPLOYMENT PRACTICE AND PROCEDURE
Terms & conditions of employment
Job descriptions
Equal Opportunities Policy
Health & Safety Policy
Staffing Structure
5) PLANNING DOCUMENTS
Responses to planning applications
6) AUDIT AND ACCOUNTS
Annual Statutory report by auditor (internal and external) – limited to the last financial year
Precept request (limited to the last financial year)
VAT records (limited to the last financial year)
Financial Standing Orders and Regulations
Assets register
Risk Assessments
Loan sanction approvals
Fees and charges applied by the council
Safety inspection records for example for playgrounds
Register/file of members allowances
7) DEVELOPMENT AND IMPLEMENTATION OF POLICY
Policy Statements issued by council
Responses made by council to consultation papers
Analysis of responses received to public consultations by the council
Complaints handling procedure
8) BYELAWS
Made for any of the following purposes: -
The regulation of a pleasure ground or public space
The regulation of an open space
The regulation of the hiring of pleasure boats in a park or pleasure ground provided by a council
To control dogs and dog fouling
9) COUNCIL CIRCULARS/NEWSLETTERS
Town Guide
Town Crier
10) ARTS, ENTERTAINMENT & TOURIST INFORMATION –
Information about Council organised Community Events
11) ALLOTMENTS
Plans
Standard tenancy Agreements
12) BEST VALUE
Best Value Performance Plan
Best Value Inspection reports
Brian Daley
Town Clerk
November 2002
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