FREEDOM OF INFORMATION
[CAP. 496.
5
public authority, and the document to which the request relates is
not held by the authority but is believed by the person dealing with
the request to be held by another public authority, the public
authority to which the request is made shall promptly, and in any
case not later than ten working days after the day on which the
request is received, transfer the request to the other public authority
and inform the applicant accordingly.
9. (1) Subject to subarticle (2) and to any regulations issued
under this Act, a public authority may charge a fee to an applicant
for access to a document in accordance with this Act.
Fees.
(2) Any fee set by a public authority shall not exceed the cost
of making a document available to the applicant, whereas if
regulations issued as aforesaid prescribe a range of standard fees,
such fees shall not exceed the average cost of making documents
available to applicants.
(3) Regulations issued as aforesaid may provide for the
payment of a fee specifically for the processing of a request for
access t o docum ents, and for the paym ent of such a fee on
presentation of the request.
(4) Where a public authority decides to charge an applicant a
fee, it shall advise him accordingly and inform him that he has the
right to complain to the Commissioner under article 23 if he feels
that the fee is excessive:
Provided that if the fee is a standard fee established by
regulations under this Act, the Commissioner may in response to
such a complaint inquire only into whether the regulations have
been correctly applied.
(5) A public authority may waive any fees payable in respect of
a particular application if, in the opinion of the authority (a) the fee payable is so small as to be not worth
collecting; or
(b) payment of the fee would cause financial hardship to
the applicant, bearing in mind the applicant’s means
and circumstances; or
(c) disclosure of the information requested is in the public
interest.
(6) Where a public authority fails to meet the time limit set by
article 10 or, if applicable, article 11, it shall not charge any fee for
access to a document.
10. Subject to this Act, the public authority to which a request
is made in accordance with article 6 or is transferred in accordance
with article 8 shall, as soon as reasonably practicable, and in any
case not later than twenty working days after the day on which the
request is received by the authority (a) decide whether the request is to be granted and, if it is
to be granted, in what manner and for what charge (if
any); and
(b) inform the applicant accordingly in writing.
Decisions on and
replies to requests.
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