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Official Information
24.
Right of access to internal rules affecting decisions – (1) Subject to section
6 (a) to (d), section 7, section 8 (2) (a), (b), (c), (j), and (k), and section 9 of this Act and to
subsections (2) and (6) of this section, every qualified person has a right to and shall, on
request made under this section, be given access to any document (including a manual)
which is held by a Ministry or Minister of the Crown or organisation and which contains
policies, principles, rules, or guidelines in accordance with which decisions or
recommendations are made in respect of any person or body of persons in his or its
personal capacity.
(2)
Section 11(2) and (3), 12 to 15, and 21 of this Act shall apply with
all necessary modifications, to a request made under subsection (1) of this section.
(3)
Where, by virtue of any of the provisions of section 6(a) to (d),
section 7, section 8 (2)(a), (b), (c), (i) and (j) of this Act, there is a good reason for
withholding some of the information contained in a document to which subsection (1) of
this section relates, the Ministry or Minister of the Crown or organisation shall, unless it is
impracticable to do so, either –
(a)
make a copy of that document available with such deletions
or alterations as are necessary;
(b)
provide another document stating the substance and effect of
the document except as it relates to the information
withheld.
(4)
Where a document is made available under subsection (3) of this
section, the Ministry or Minister of the Crown or organisation shall, subject to section 9 of
this Act, give to the applicant –
(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(a) to (d) or
section 7 or section 8(2)(a), (b), (c), (i) or (j) of this Act and
(in the case of the interests protected by section 8(2)(a), (b),
(c), (i) or (j) of this Act) there is no countervailing public
interest.
25.
Right of access by person to reasons for decisions affecting that person (1) Subject to section 6(a) to (d), section 7, section 8(2)(b) and 9 of this Act and to
subsections (2), (4) and (5) of this section where a Ministry or Minister of the Crown or
organisation makes, on or after the date of coming into force of this Act a decision or
recommendation in respect of any qualified person being a decision or recommendation in
respect of that qualified person in his or its personal capacity, that qualified person has the
right to and shall, on request made within a reasonable time of the making of the decision
or recommendation, be given a written statement of –
(a)
the findings on material issues of fact; and
(b)
subject to subsection (2) of this section, a reference to the
information on which the findings were based; and
(c)
the reasons for the decision or recommendation.
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