[2014.] Freedom of Information Act 2014. [No. 30.]PT.3 S.21 (b) if the decision is made under section 9 or 10, the person who made the application concerned. CHAPTER 4 Review by Information Commissioner Review by Commissioner of decisions 22. (1) This section applies to— (a) a decision to refuse to grant an FOI request on the ground that, by virtue of section 42, this Act does not apply to the record concerned, (b) a decision under section 21, other than a decision referred to in paragraph (d), (c) a decision specified in any of paragraph (a) to (f) of section 21(1), (d) a decision under section 21, or a decision under section 27, that a fee or deposit exceeding €10 or such other amount (if any) as may stand prescribed for the time being should be charged under section 27, (e) a decision under section 14 to extend the time for the consideration of an FOI request, (f) a decision under section 16 to defer the giving of access to a record falling within paragraph (b) or (c) of subsection (1) of that section, (g) a decision on a request to which section 38 applies, but excluding— (i) a decision aforesaid made by the Commissioner in respect of a record held by the Commissioner or (in a case where the same person holds the office of Ombudsman and the office of Commissioner) made by the Ombudsman in respect of a record held by the Ombudsman, and (ii) a decision referred to in paragraph (c), and a decision under section 27 referred to in paragraph (d), made by a person to whom the function concerned stood delegated under section 20 at the time of the making of the decision. (2) Subject to this Act, the Commissioner may, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person— (a) review a decision to which this section applies, and (b) following the review, may, as he or she considers appropriate— (i) affirm or vary the decision, or (ii) annul the decision and, if appropriate, make such decision in relation to the matter concerned as he or she considers proper, in accordance with this Act. (3) A decision under subsection (2) shall be made as soon as may be and, insofar as 39