[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.3 S.27
considering whether or not such a charge shall be made, the means of the requester
shall be taken into account.
(5) Subject to subsection (3), where, in the opinion of the head concerned, the estimated
cost, as determined by the head, of the search for and retrieval and copying of a record
the subject of an FOI request is likely to exceed the appropriate minimum level as
prescribed—
(a) a deposit of such amount as may be determined by the head (not being less than
20 per cent of such cost) shall be charged by the FOI body concerned and paid by
the requester concerned to the body,
(b) the process of search for and retrieval of the record shall not be commenced by
the body until the deposit has been paid, and
(c) the head shall, not later than 2 weeks after the receipt of the request aforesaid,
cause a notice in writing for payment of the deposit to be given to the requester
and the notice shall include an estimate of the length of time that the process of
searching for and retrieving the record will occupy and a statement that the
process will not begin until the deposit has been paid and that the date on which a
decision will be made in relation to the request will be determined by reference to
the date of such payment.
(6) A head may reduce the amount of or waive a search and retrieval and copying charge
or deposit under subsection (1) or (5) if, in his or her opinion, some or all of the
information contained in the record concerned would be of particular assistance to the
understanding of an issue of national importance.
(7) In a case to which subsection (5) applies, the head concerned shall, if so requested by
the requester concerned—
(a) assist the requester if the requester wishes to amend or limit the request in order
to reduce or eliminate the charges that arise or are likely to arise under subsection
(1),
(b) if amendments are specified under paragraph (a), make such of them (if any) to
the request as the requester may determine.
(8) Where a deposit under subsection (5) is paid, the amount of the charge under
subsection (1) payable in respect of the grant of the FOI request concerned shall be
reduced by the amount of the deposit.
(9) Where a deposit under subsection (5) is paid and, subsequently, the grant of the FOI
request concerned is refused or is granted in relation to a part only of the record
concerned, the amount of the deposit or, if a charge under this section is payable in
respect of the grant, so much (if any) of that amount as exceeds the amount of the
charge shall be repaid to the requester concerned.
(10) Where a charge or a deposit under this section is paid, and subsequently, the charge or
deposit is annulled or varied under section 21, 22 or 24, the amount of the charge or
deposit so annulled or, as the case may be, any amount thereof in excess of the
amount thereof as so varied shall be repaid to the requester concerned.
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