[CAP. 496.
FREEDOM OF INFORMATION
13
practice does not conform.
23. (1) Any applicant may apply to the Commissioner for a
decision whether, in any specified respect (a) a request for information made by the applicant to a
public authority has been dealt with in accordance
with the requirements of this Act; or
(b) a public authority is in compliance
requirements set out in Part III.
with
the
(2) On receiving an application under this article, the
Commissioner shall make a decision unless it appears to him (a) that the applicant has not exhausted any complaints
procedure which may be provided by the public
authority in conformity with the code of practice
issued under article 41:
Provided that the Commissioner may decide on the
application if in his opinion the complaints procedure
provided by the public authority has not been, or is
unlikely to be, concluded within a reasonable period;
(b) that there has been undue delay in making the
application;
(c) that the application is frivolous or vexatious; or
(d) that the application has been withdrawn or abandoned.
(3) Where the Commissioner has received an application under
this article, he shall either (a) notify the applicant that he has not made any decision
under this article as a result of the application and of
his grounds for not doing so; or
(b) serve notice of his decision (in this Act referred to as a
"decision notice") on the applicant and the public
authority.
(4)
Where the Commissioner decides that a public authority (a) has failed to provide access to a document, or to
confirm or deny the existence of a document, in a case
where it is required to do so under this Act; or
(b) has failed to comply with any of the other
requirements of Part II in its handling of the
applicant’s request for a document; or
(c) has failed to comply with any of the requirements of
Part III,
the decision notice shall specify the steps which must be taken by
the authority for complying with that requirement and the period
within which they must be taken.
(5) A decision notice shall contain particulars of the right of
appeal conferred by article 39.
(6)
Where a decision notice requires steps to be taken by the
Application for
decision by
Commissioner.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents