PT.4 S.28[NO. 30.]
Freedom of Information Act 2014.
[2014.]
so, the head concerned has, prior to the making of the decision, consulted in relation
to the request with—
(a) the leader of each political party to which belonged a member of the Government
that made any decision to which the record relates, and
(b) any member of the Government aforesaid who was not a member of a political
party.
(5) Where an FOI request relates to a record to which subsection (1) applies, or would, if
the record existed, apply, and the head concerned is satisfied that the disclosure of the
existence or non-existence of the record would be contrary to the public interest, he or
she shall refuse to grant the request and shall not disclose to the requester concerned
whether or not the record exists.
(6) In this section—
“decision of the Government” includes the noting or approving by the Government of
a record submitted to them;
“record” includes a preliminary or other draft of the whole or part of the material
contained in the record;
‘‘Government’’ includes a committee of the Government, that is to say, a committee
appointed by the Government whose membership consists of—
(a) members of the Government, or
(b) one or more members of the Government together with either or both of the
following:
(i) one or more Ministers of State;
(ii) the Attorney General.
Deliberations of FOI bodies
29. (1) A head may refuse to grant an FOI request—
(a) if the record concerned contains matter relating to the deliberative processes of
an FOI body (including opinions, advice, recommendations, and the results of
consultations, considered by the body, the head of the body, or a member of the
body or of the staff of the body for the purpose of those processes), and
(b) the granting of the request would, in the opinion of the head, be contrary to the
public interest,
and, without prejudice to the generality of paragraph (b), the head shall, in
determining whether to grant or refuse to grant the request, consider whether the grant
thereof would be contrary to the public interest by reason of the fact that the requester
concerned would thereby become aware of a significant decision that the body
proposes to make.
(2) Subsection (1) does not apply to a record if and in so far as it contains any or all of the
following:
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