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annual report 2012
The Ombudsman agreed with the Ministry’s conception of the law. In addition,
he pointed out that the application of the Act on Public Access to Documents
on Public Files (or the Public Administration Act) and the rules on fees issued
under the authority of the two Acts is also supported by the fact that the right
of access to documents according to these rules covers documents which are in
existence at the time when access is requested. However, the special fee rule of
the Act on Taxation of Real Property concerns the production of new documents
– including charts which are completed with property information.
2012-15. Transfer of local authority music school’s
responsibility for general course in music to another
local authority music school was not covered by the
Transfer of Undertakings Act
With effect from 2011, the Danish Arts Council changed the subsidy conditions for MGK teaching at local authority music schools (MGK is an intensive
course preparing for music academy entrance in content and level). The purpose
was to change the structure of MGK teaching so that responsibility for the
course and the accompanying subsidy were allocated to seven music schools
spread out on various regions.
As a consequence, responsibility for MGK teaching was transferred from one
music school to another music school, which had been designated by the Danish
Arts Council as MGK centre for the region. A teacher at the former music
school complained to the Ombudsman because he believed that the rights of
himself and a colleague pursuant to the Transfer of Undertakings Act had been
set aside by the local authority.
In the Ombudsman’s opinion the transferred MGK activities could not be assumed to constitute a financial entity which had retained its identity after the
transfer to the other music school. There were therefore no grounds for assuming that the transfer was covered by the Transfer of Undertakings Act. On this
basis the Ombudsman did not think it likely that he would be able to criticise
the result of the local authority’s assessment in the case.
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