By e-mail to: standards@nationalarchives.gsi.gov.uk
Welsh Government’s response to:
Consultation on the UK implementation of Directive 2013/37/EU amending
Directive 2003/98/EC on the re-use of public sector information.
CYMAL: Museums Libraries and Archives Wales who is the lead contact for
Welsh cultural bodies is responding under separate cover.
Consultation Questions
Question 1
Article 4 – redress
Do you agree that this represents the
most appropriate way to deliver the
means of redress required by the
amending Directive?
If you do not agree, what do you think
would be suitable alternative and why?
Question 2
Do you consider that the First-tier
Tribunal is the appropriate body to hear
and determine appeals against
decisions made under the amending
Directive?
Question 3
Do you consider that the General
Regulatory Chamber Rules of the Firsttier Tribunal will suit the handling of
these appeals?
Welsh Government’s response
Answer to Question 1
Yes, we agree that this Article of the
amending Directive would be best
implemented by retaining the
existing investigative body (the
Office of Public Sector Information,
part of The National Archives).
Question 4
Do you have any comments about the
proposed approach to laying down
criteria for the calculation of charges in
cases where charges above marginal
cost are made?
Answer to Question 4
It would be helpful if the legislation
provides the criteria for the
calculation of charges in cases
where charges above marginal cost
are made. Examples in the
guidance on what “above marginal
cost” might include will also be
helpful.
Answer to Question 2
Yes. We are of the opinion that a
First-tier Tribunal would be an
appropriate body to hear and
determine appeals against decisions
made under the amending Directive
Answer to Question 3
Yes. It seems to offer an appropriate
way for either the applicant or the
public authority to be able to appeal
to a First-tier Tribunal against the
“investigative body’s” (probably the
The General Regulatory Chamber
Office of Public Sector Information)
Rules may be found at:
decision(s). Providing that there
http://www.justice.gov.uk/tribunals/rules is no cost in bringing an appeal and
that the parties will be responsible
for paying any legal costs that might
they incur.
General question
Question 5
With reference to the impact
assessment, are there any other
impacts, benefits or implications of the
proposals which should be
considered?
Marlize Palmer
Library and Archive Services
Knowledge and Analytical Services
Finance and Corporate Services
Welsh Government
Tel: (029) 2082 3954
e-mail: Marlize.palmer@wales.gsi.gov.uk