[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.3 S.22
(8) In relation to a proposed review under this section, the head, and the relevant person
concerned and any other person who is notified under subsection (6) of the review
may make submissions (as the Commissioner may determine, in writing or orally or in
such other form as may be determined) to the Commissioner in relation to any matter
relevant to the review and the Commissioner shall take any such submissions into
account for the purposes of the review.
(9) (a) The Commissioner may refuse to accept an application under subsection (2) or
may discontinue a review under this section if he or she is or becomes of the
opinion that—
(i) the application aforesaid or the application to which the review relates (the
“application”) is frivolous or vexatious,
(ii) the application does not relate to a decision specified in subsection (1),
(iii) the matter to which the application relates is, has been or will be, the subject
of another review under this section,
(iv) the applicant has failed to provide the Commissioner with sufficient
information or particulars, or otherwise has failed to co-operate with the
Commissioner in the conduct of a review,
(v) there is no longer any issue requiring adjudication, as access to the records in
question has been granted by the FOI body in the course of the review,
(vi) the application forms part of a pattern of manifestly unreasonable requests
from the same requester or from different requesters who, in the opinion of
the Commissioner, appear to have made the requests acting in concert, or
(vii) accepting the application would, by reason of the number or nature of the
records concerned or the nature of the information concerned, require the
examination of such number of records or an examination of such kind of the
records concerned as to cause a substantial and unreasonable interference
with or disruption of work of his or her Office.
(b) In determining whether to refuse to accept an application under subsection (2) or
to discontinue a review under this section, the Commissioner shall, subject to this
Act, act in accordance with his or her own discretion.
(10) Notice, in writing or in such other form as may be determined, of a decision under
subsection (2)(b), or of a refusal or discontinuation under subsection (9), and the
reasons therefor, shall be given by the Commissioner to—
(a) the head concerned,
(b) the relevant person concerned, and
(c) any other person to whom, in the opinion of the Commissioner, such notice
should be given.
(11) (a) The notice referred to in subsection (10) shall be given as soon as may be after
the decision, refusal or discontinuation concerned and, if it relates to a decision
under subsection (2), in so far as practicable, within the period specified in
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