The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 9 E+W Access to documents open to public inspection

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

Inspection of documents open to public inspection E+W

44.— (1) Any person is entitled to request that the business registration officer make available for inspection a copy of any of the following documents (referred to in this paragraph and in paragraph 45 as “the documents open to public inspection”)—

(a) the marked business voting register;

(b) such other documents relating to a business referendum as the business registration officer is required by or under any enactment to retain for any period except—

(i) ballot papers

(ii) completed corresponding number lists (within the meaning given in the Neighbourhood Planning Business Referendum Rules);

(iii) certificates as to employment on the day of the business referendum.

(2) A request under sub-paragraph (1) shall be made in writing and shall specify—

(a) which documents are requested;

(b) the purposes for which the information in any document will be used;

(c) where the request is to inspect the marked business voting register or voters list, any reason why inspecting the business voting register or unmarked voters list would not be sufficient to achieve that purpose;

(d) who will inspect the documents;

(e) the date on which they wish to inspect the documents; and

(f) whether they would prefer to inspect the documents in a printed or data form.

(3) Subject to sub-paragraph (4), the business registration officer shall make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

(4) Where a request has been made to inspect copies of the marked business voting register or voters list under sub-paragraph (2) and the business registration officer is not satisfied that the purposes of the requestor cannot be met by inspection of the business voting register, he shall inform the requestor—

(a) of his decision under this sub-paragraph; and

(b) provide the requestor with information concerning the availability of the published business voting register for inspection in accordance with paragraph 30 of this Schedule.

(5) A person who obtains a copy of information in any document open to public inspection under this paragraph may only use it for the permitted purposes specified in paragraph 45, and any conditions—

(a) specified in that paragraph,

(b) specified in sub-paragraph (7) below, or

(c) which would apply to the use of the marked business voting register under paragraph 38 where such a person has obtained a copy of that document under sub-paragraph (8) below,

shall apply to such use.

(6) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the relevant registration officer shall ensure that the manner in, and equipment on which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic, or any other means.

(7) Subject to sub-paragraph (8) a person who inspects a copy of a document open to public inspection, whether a printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

except that a person who inspects a copy of the marked business voting register or voting lists may make hand written notes.

(8) The relevant registration officer shall, on request, supply free of charge copies of any documents open to public inspection—

(a) to each of the departments mentioned in paragraph 37;

(b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked business voting register or voting lists by virtue of being a person to whom paragraph 38 applies.

Conditions on the use, supply and disclosure of documents open to public inspection E+W

45.— (1) Subject to sub-paragraphs (2) and (3), restrictions on the supply, disclosure and use of information in paragraphs 31 and 32 shall apply to the documents open to public inspection as they apply to the business voting register.

(2) Where a person inspects information in accordance with paragraph 44, the permitted purpose shall mean either—

(a) [F2 Article 89 GDPR purposes (as defined in paragraph 29),] or

(b) referendum purposes.

(3) Where a copy of any information was supplied in the circumstances to which paragraph 44(8)(b) applies, the permitted purpose means the purposes set out in paragraph 38(2).]

Textual Amendments

F2 Sch. 6 para. 45(2)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 377 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)