A request for information can only be transferred to another public authority where the Council does not ‘hold’ all or part of the information requested.

The Council is deemed to ‘hold’ information if it is holding a copy of a record produced or supplied by another person or body, but this does not extend to holding a record on behalf of another person or body.

An application requesting information that the Council holds must be processed in accordance with the requirements of the Act.  With respect to the information not held, the Council must consider what would be the most helpful way of assisting the applicant.  This is most likely to involve:-

*  contacting the applicant, advising that it may be held by another authority;

*  suggesting that an application be submitted to the authority which is believed to hold the information; and

*  providing the contact details of that authority.

Alternatively, it may be considered more appropriate to transfer the request direct to the authority concerned.  It is essential that, if a transfer is considered appropriate, contact be made with that authority to ascertain whether it actually holds the information requested.

Before transferring the request, consideration must be given as to whether the applicant is likely to have any grounds to object to the transfer.

If a transfer is considered appropriate, and the applicant is not likely to object, transfer the request to the relevant authority and advise the applicant of the action taken.

If it is felt that the applicant is likely to object to the transfer, do not transfer the request without first obtaining the consent of the applicant.  If in doubt contact the applicant to discuss the options available.

Transferred requests must be dealt with in the same way as if the request had been received from the applicant direct.  The time for dealing with the request starts from the date that the request is received by the receiving authority.

All transfers of requests should take place as soon as is practicably possible.  The applicant should also be informed as soon as possible after the transfer.