Summary: The complainant requested copies of any judgements that may have been made relating to the Copyright and Related Rights Regulations 2003. The request was made to Her Majesty's Courts Service, which is an executive agency of the Department for Constitutional Affairs. The Department did not issue a refusal notice in accordance with section 17 of the Act, and the Commissioner has judged that it did not handle the request in accordance with Part 1 of the Act, particularly with regard to the time for compliance outlined in section 10. During the course of the Commissioner's review the Department for Constitutional Affairs applied section 12 of the Act, which permits an exemption from the duty to comply with a request where the cost of compliance exceeds the appropriate limit. In light of this fact the Commissioner ordered that the Courts Service must take steps to issue a refusal notice under section 17 of the Act within the time for compliance specified in the Decision Notice.
Section of Act/EIR & Finding: FOI 22 - Complaint Upheld, FOI 11 - Complaint Not upheld