Official Information
13
(2)
Where a copy of a document is made available under subsection (1)
of this section, the Ministry or Minister of the Crown or organisation shall, subject to
section 9 of this Act, give to the applicant in writing –
(a)
the reason for withholding the information; and
(b)
if the applicant so requests, the grounds in support of that
reason, unless the giving of those grounds would itself
prejudice the interests protected by section 6 or section 7 or
section 8 of this Act and (in the case of the interests
protected by section 8 of this Act) there is no countervailing
public interest.
18.
Refusal of requests – A request made in accordance with section 11 of this
Act may be refused only for one or more of the following reasons, namely –
(a)
that, by virtue of section 6 or section 7 or section 8 of this
Act, there is good reason for withholding the information;
(b)
that, by virtue of section 9 of this Act, the Ministry or
Minister of the Crown or organisation does not confirm or
deny the existence or non-existence of the information
requested;
(c)
that the making available of the information requested
would –
(i)
be contrary to the provisions of any Act; or
(ii)
constitute contempt of Court or of Parliament;
(d)
that the information requested is or will soon be publicly
available;
(e)
that the document alleged to contain the information
requested does not exist or cannot be found;
(f)
that the information requested cannot be made available
without substantial collation or research;
(g)
that the information requested is not held by the Ministry or
Minister of the Crown or organisation and the person
dealing with the request has no grounds for believing that
the information is either (i)
held by another Ministry or Minister of the Crown or
organisation; or
(ii)
connected more closely with the functions of another
Ministry or Minister of the Crown or organisation;
(h)
that the request is frivolous or vexatious or that the
information requested is trivial.
19.
Requests involving substantial collation or research – (1) In deciding
whether to refuse a request under section 18(f), the Ministry, Minister of the Crown, or
organisation must consider whether doing either or both of the following would enable the
request to be granted (a)
fixing a charge under section 14;
(b)
extending the time limit under section 15.
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