[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.3 S.17
(3) Where a head decides to grant an FOI request but not to give access to the record
concerned in the form or manner specified in the request, he or she shall give such
access—
(a) if the case is one to which paragraph (a) of subsection (2) applies, in the
appropriate form or manner having regard to that paragraph, and
(b) if the case is one to which paragraph (b) of that subsection applies, in such other
form or manner specified in or determined under subsection (1) as may be agreed
by the head and the requester or, if those persons are unable to agree upon such a
form, in such form specified in subsection (1) as the head considers appropriate.
(4) Where an FOI request relates to data contained in more than one record held on an
electronic device by the FOI body concerned—
(a) subject to paragraph (b), the FOI body shall take reasonable steps to search for
and extract the records to which the request relates, being steps that involve the
use of any facility for electronic search or extraction that existed on the date of
the request and was used by the FOI body in the ordinary course, and
(b) if the reasonable steps referred to in paragraph (a) result in the creation of a new
record, that record shall, for the purposes of considering whether or not such new
record should be disclosed in response to the request, be deemed to have been
created on the date of receipt of the FOI request.
Access to parts of records
18. (1) Where an FOI request would fall to be granted but for the fact that it relates to a
record that is an exempt record, by reason of the inclusion in it, with other matter, of
particular matter, the head of the FOI body concerned, shall, if it is practicable to do
so, prepare a copy, in such form as he or she considers appropriate, of so much of the
record as does not consist of the particular matter aforesaid and the request shall be
granted by offering the requester access to the copy.
(2) Subsection (1) shall not apply in relation to a record if the copy provided for thereby
would be misleading.
(3) Where a requester is offered access to a copy of part of a record under this section,
then (unless the record is one to which section 28(5), 31(4), 32(2), 33(4), 35(4), 36(4)
or 37(6) applies), the notice under section 13(1) concerned shall specify that such
access is offered pursuant to this section and that the copy does not purport to be a
copy of the complete record to which the FOI request relates and shall also specify the
nature of the matter contained in the record by virtue of which subsection (1) applies
to the record.
Decisions deemed to have been made in certain cases
19. (1) Where notice of a decision under section 9 or 13 is not given to the requester
concerned or to the person who made the application concerned under section 9
before the expiration of the period specified for that purpose in section 9 or 13, as the
case may be, a decision refusing to grant the FOI request or the application under
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