PT.3 S.27[NO. 30.]
Freedom of Information Act 2014.
[2014.]
(11) Section 13(1) shall be construed and have effect—
(a) in relation to a case in which a deposit is payable under subsection (5), as if the
reference to 4 weeks were a reference to a period consisting of 4 weeks together
with the period from the giving of the notice under subsection (5)(c) concerned to
the requester concerned to the date of the receipt of the deposit,
(b) in relation to a case in which such a deposit is annulled following a review under
section 21 or 22 or an appeal under section 24, as if the reference to 4 weeks were
a reference to a period consisting of 4 weeks together with the period from the
giving of the notice under subsection (5)(c) to the requester concerned to the date
of the decision under section 24 or, as the case may be, of the giving to the
requester concerned of notice under section 21 or 22 of the decision, and
(c) in relation to a case in which an amendment pursuant to subsection (7) has the
effect of eliminating such a deposit, as if the reference to the receipt of a request
under that section were a reference to the making of the amendment.
(12) (a) Where the amount of a search and retrieval and copying charge under subsection
(1) exceeds or is likely to exceed the overall ceiling limit prescribed, under
paragraph (b), for the purposes of this subsection—
(i) the body concerned shall so inform the requester,
(ii) the body shall assist the requester if the requester wishes to amend or limit
the request in order to reduce the charges that arise or are likely to arise
under subsection (1) to an amount less than or equal to the overall ceiling
limit so prescribed,
(iii) if the requester does not amend or limit the request such that the charges that
arise or are likely to arise under subsection (1) are reduced to an amount less
than or equal to the overall ceiling limit so prescribed, the body may refuse
the request, and
(iv) where the body decides to process the request, the requester shall be required
to pay the full cost of the charges likely to be payable and subsection (5)
shall apply.
(b) There shall be prescribed for the purposes of this subsection an amount to be
called, and in this section referred to, as the overall ceiling limit; and different
such amounts may be prescribed for those purposes in respect of different public
bodies or prescribed bodies.
(13) (a) A fee of such amount (if any) as may be prescribed shall be charged by the FOI
body concerned under this subsection and paid by the applicant concerned to—
(i) the body in respect of an application under section 21, or
(ii) the Commissioner in respect of an application under section 22.
(b) A fee under this subsection shall be paid at the time of the making of the
application concerned and, if it is not so paid, the head concerned or, as the case
may be, the Commissioner shall refuse to accept the application, and it shall be
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