Freedom of information
The Revenue and Customs Prosecutions Office (RCPO) Freedom of Information Act 2000 Publication Scheme
Welsh Language Version
The Revenue and Customs Prosecutions Office (RCPO) Freedom of Information Act 2000 Publication Scheme (Word)»Contents
The RCPO Publication Scheme comprises the following parts:
- Part 1 : The Freedom of Information Act 2000
- Part 2 : The Revenue and Customs Prosecutions Office (RCPO)
- Part 3 : The Purpose of the RCPO Publication Scheme
- Part 4 : The RCPO Information Policy
- Part 5 : Obtaining Information on the RCPO
- Part 6 : Appeals, Complaints and Feedback
- Part 7 : Crown Copyright
- Part 8: Classes of Information
Part 1 : The Freedom of Information Act 2000
The Freedom of Information Act 2000 received Royal Assent on 30 November 2000 and came into force across the UK on 1 January 2005. It gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities.
A "public authority" is defined in the Act, and includes, but is not restricted to, central and local government, non-departmental public bodies, the police, the health service and schools, colleges and universities.
Any person who makes a request in writing to a public authority for information must be (a) informed whether the public authority holds that information and (b) subject to exemptions, supplied with that information within 20 days of receipt of the request.
Individuals have a separate right of access to information about themselves under the Data Protection Act 1998.
Every public authority is required to adopt and maintain a publication scheme setting out the classes of information it holds, the manner in which it intends to publish the information, and whether a charge will be made for the information. This is to ensure a significant amount of information is available without the need for a specific request being made. Schemes are intended to encourage organisations to publish more information pro-actively and to develop a greater culture of openness.
Further details on the Freedom of Information Act and publication schemes, as well as the Data Protection Act, can be found at www.informationcommissioner.gov.uk.
The Information Commissioner is responsible for enforcing the Freedom of Information Act and:
- Promotes good practice
- Approves and assists in the preparation of publication schemes
- Provides information about the public's rights under the Act
- Enforces compliance with the Act
Part 2: The Revenue and Customs Prosecutions Office (RCPO)
The Commissioners of Revenue and Customs Act 2005 established the RCPO as a government department. Its role is to prosecute all criminal cases investigated by HM Revenue and Customs (HMRC) and recover the proceeds of crime in respect of those cases. The RCPO is part of the UK's Criminal Justice System (CJS), and is affected by changes and developments in that system. It is one of the Law Officer's Departments and is accountable to the Attorney General.
Part 3: The Purpose of this Publication Scheme
The purpose of this publication scheme is to set out:
- What information the RCPO publishes or intends to publish as a matter of course;
- How this information will be published;
- Whether the information will be available free of charge or on payment.
Details can be found at Part 8: Classes of Information.
The RCPO publication scheme covers its commitments under the Freedom of Information Act. Responsibility for ensuring RCPO complies with its obligations under these Acts lies with the Director of RCPO . The RCPO Chief Operating Officer is responsible for the overall maintenance of the publication scheme. The Information Officer is responsible for operating the scheme. The publication scheme will be reviewed at least annually, according to the requirements of the Information Commissioner’s Office.
Part 4: The RCPO Information Policy
Subject to legal exemptions, the RCPO's information policy is to publish as much information as possible on subjects of public interest.
Wherever possible, the information will be published on the RCPO internet site, but will also be available in paper form. However, exemptions may prevent some information from being released.
Generally information included in the publication scheme will be provided free of charge, but a charge may be made if the cost of provision exceeds £25; this may include large amounts of photocopying or postage. You will be advised of any charge, which must be paid before the request is actioned.
Part 5: Obtaining information on the RCPO
The RCPO was created in April 2005 by the bringing together of the criminal prosecutions and asset recovery teams of Customs and Excise and Inland Revenue. Historic information can be found within documents published by Her Majesty's Revenue and Customs (HMRC) at www.hmrc.gov.uk.
It is our intention to publish the RCPO's Annual Reports and Accounts and other information as it becomes available on our internet site. Initially many of our policies have been the same as those of HMRC. Details can be found at www.hmrc.gov.uk, or copies can be obtained from RCPO. As we develop our own policies these will be published on our internet.
If you want to know more about the RCPO, you can consult
You can send the request by e-mail to:
information.officer@rcpo.gsi.gov.uk
Or you can write to:
The Information Officer at:
The Revenue and Customs Prosecutions Office
New Kings Beam House
22 Upper Ground
London SE1 9BT
Please give details of the information you require and your name and address (this also includes e-mails). The RCPO cannot accept requests by telephone and callers will be asked to put the request in writing. The Information Officer can also provide on request a paper copy of the RCPO publication scheme.
Part 6: Appeals, Complaints and Feedback
The RCPO will endeavour to meet your request, but there will be some information that it will not be able to provide. Such information will come within one of the exemptions under the Freedom of Information Act 2000. The RCPO will let you know if it considers that an exemption applies. You will also be informed on how you can appeal against a refusal.
If you are unhappy with the decision made in relation to your request, you may ask for an internal review. You should contact Helen Wolkind, 2nd Floor, New King’s Beam House, London SE1 9BT, if you wish to complain.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner’s House
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
If you have any comments on the structure, content or operation of the publication scheme, the RCPO would be pleased to hear them. It is particularly interested in your views, and asks you to consider commenting on the following:
- Did you find the structure and content of this publication scheme easy to understand?
- Were you using the scheme to find something specific, and, if so, did you easily find it or find where to apply for it?
- If you were browsing the RCPO internet site, was the information available useful?
- What types of information or topics would you like to see included the schemes that are not currently covered?
Please send your comments to the RCPO's Information Officer either by e-mail or letter to the address given in Part 5.
Part 7: Crown Copyright
The material included within this publication scheme is subject to Crown copyright, unless otherwise stated.
The supply of information under the Freedom of Information Act does not give the person or organisation who receives it the right to reuse it in a way that would infringe copyright, for example, by making multiple copies, publishing and issuing copies to the public. Brief extracts may be reproduced under the fair dealing provisions of the Copyright, Designs and Patents Act 1988 (sections 29 and 30) for the purposes of research, private study, criticism, review and news reporting.
Details of the arrangements for reusing Crown copyright material can be found on HMSO's website at www.hmso.gov.uk.
Part 8: Classes of Information
Class 1 Our Organisation
| Definition | Information, which gives a general description of the RCPO's history, structure and organisation, and an overview of roles and responsibilities within the Department. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where disclosure would prejudice the effective conduct of public affairs, the prevention, detection and prosecution of crime, or would contravene the data protection principles contained within the Data Protection Act 1998. |
Class 2 Agreements, Plans and Reports
| Definition | Information about the Department's current key operational targets and strategies, and the results we achieve. This class of information includes Business Plans and minutes of Board meetings. It also includes the RCPO's Annual Reports and Accounts, which are available free of charge on our website but paper copies will have to be purchased from The Stationery Office (see address below under Class 6). |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where the information relates to the formulation or development of government policy, or where disclosure would prejudice the effective conduct of public affairs, the prevention, detection and prosecution of crime, or the assessment and collection of assets. |
Class 3 Standards of Service
| Definition | Information about our standards in delivering prosecution cases. This class of information includes the family of documents comprising the current Protocol Agreement with HMRC. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where disclosure would prejudice the effective conduct of public affairs, the prevention, detection and prosecution of crime, or the assessment and collection of assets. |
Class 4 Counsel
| Definition | Information about RCPO's administration of the Attorney General's Unified List and RCPO's Standing Counsel List. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where material constitutes personal data under the Data Protection Act 1998 or disclosure may prejudice commercial interests. |
Class 5 Internal Guidance
| Definition | Operational departmental guidance notes, which set out the policies and procedures that should be followed, and the standards of conduct that should be observed by all staff when carrying out their official duties. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where disclosure would prejudice the prevention, detection or prosecution of crime, or the assessment or collection of any assets. |
Class 6 Access to Information
| Definition | Information about our policies and procedures for complying with our obligations under the Freedom of Information Act 2000 and the Data Protection Act 1998. This class includes information on how to request information under the Freedom of Information Act and the Data Protection Act. |
|---|
Class 7 Legislative Framework
| Definition | A list of the main legislation, which governs the work of the Department, but not copies of the legislation itself. |
|---|---|
| Notes | The Department will not make any charge for the list of legislation. Printed copies of the UK Legislation listed are available at a charge from:
Electronic versions of UK legislation from 1988 can be found on the Office of Public Service Information website at www.opsi.gov.uk/legislation |
Class 8 Procurement
| Definition | Information to advise suppliers about how they can sell their goods and services to the Department. The RCPO will follow the HMRC guidance, which can be obtained from www.hmrc.gov.uk until such time as it develops its own policies. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt, for example, where disclosure would prejudice the commercial interests of a third party. |
Class 9 Staff Policies
| Definition | Information about the RCPO's staff and management policies and procedures. |
|---|---|
| Notes | Some of the material in this class may be withheld where we consider it is exempt from disclosure, for example, where disclosure would prejudice the prevention and detection of crime or would contravene the data protection principles contained within the Data Protection Act 1998. |
Class 10 Forms and Publications
| Definition | Notices, leaflets, forms, press announcements, Parliamentary Questions, speeches and similar publications produced by the Department. |
|---|
Format and Charges
Material available through the RCPO Publication scheme will be provided either electronically or on paper. Applicants should specify their preferred delivery method when submitting a request.
Published material accessed on the RCPO internet site will be available free of charge (although you may have to pay for internet access). Other enquiries may incur a charge if the cost of provision exceeds £25. You will be advised of any charge, which must be paid before the request is actioned.