122 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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