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Making a request
The Freedom of Information Act 2000 provides a general right of access to information held by public authorities. The Devon and Cornwall Safety Camera Partnership is constituted of public bodies and therefore is subject to the Act. The Act is designed to foster a culture of openness through creating and maintaining a publication scheme which provides disclosable information without waiting for it to be requested.
By virtue of the principles of the Act, there is a presumption that information will be released and the emphasis is on disclosure. However the Act makes provision for withholding information that could be harmful to disclose and offers 23 exemptions that may be applied to information falling within these exemptions. Information that is exempted under the Act will be fully justified within the response letter.
Freedom of Information Requests received by the Devon and Cornwall Safety Camera Partnership are dealt with by the Freedom of Information Manager.
All requests for information made under the Freedom of Information Act 2000 MUST:
- Be made in writing;
- Contain a name and address for correspondence (this can be an email or postal address);
- Clearly state the information that is required.
The Act requires that we respond within 20 working days from the day after your request is received subject to the information not being exempt or containing a reference to a third party.
We always try to respond as early as possible and in any event to meet this deadline. On occasion our response may be delayed, particularly if your request is large or complex. We will contact you if there is going to be a delay. However, we can extend the response time beyond the 20 working days if it is necessary to undertake a public interest test when deciding whether to release information.
Please Note: Information given under the Freedom of Information Act 2000 is considered to be suitable for release "to the world" and therefore, no information will be given relating to a specific offence.
There may be a fee payable for the retrieval, collation and provision of the information you request. If this is the case you will be informed and the 20 working day timescale will be suspended until we receive payment from you. If you choose not to make a payment then your request will remain unanswered.
Requests can be submitted to:
Devon and Cornwall Safety Camera Partnership
PO Box 206
Plymouth PL6 5WY
or use the email form
Notices of Intended Prosecution and the Freedom of Information Act 2000
If you have recently received a Notice of Intended Prosecution/Section 172 Notice from the Devon and Cornwall Safety Camera Partnership, you are required by law to respond to this within 28 days. DO NOT delay responding to this, due to awaiting a response to a Freedom of Information request, as this may result in a prosecution for Failing to Furnish Information and could result in a fine of up to £1,000.
The Devon and Cornwall Safety Camera Partnership (D&CSCP) will respond to requests and provide information within 20 working days of receipt of the. All information that is held by the D&CSCP will be provided to the public except for that which qualifies for exemption.
Areas of Exemption:
Certain exemptions contained in the Act, that may be relevant to information requested, are:
- Section 21 - Information accessible to the applicant by other means - Information that is reasonably accessible by the public in that it is already in the public domain, is exempt under Section 21. This includes information provided by Partnerships on websites or in other publicity materials.
- Section 22 - Information intended for future publication - Information that is held by a public body with a view to its publication at a later stage may be exempt under Section 22.
- Section 30 - Investigations & proceedings conducted by public authorities - Information that is relevant to an ongoing police investigation or to legal action is exempt under Section 30.
- Section 31 - Law Enforcement – Information not exempt under S.30 where disclosure would prejudice law enforcement or the administration of justice.
- Section 38 - Health & Safety - Exemptions may also be applied to a further category of concern - information that could jeopardise the safety or security of Partnership staff or assets - where Partnerships have a well-founded concern about the safety or security of their staff or assets. These exemptions will be made on an individual basis.
- Section 40 - Personal Information. - Most personal information will continue to be subject to the Data Protection Act 1998.
- Section 43 - Commercials Interests - Certain information that relates to commercial activities may be exempt because the Act facilitates an exemption for Commercial Interests.
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