PT.4 S.34[NO. 30.]
Freedom of Information Act 2014.
[2014.]
relation to the record concerned or the certificate is annulled under section 24, the
requester concerned may make an application for a review under section 21 or 22, as
may be appropriate, of the decision concerned under section 13 or 21 not later than 28
days after the date of the revocation, expiration or annulment, as the case may be.
(13) Subject to subsections (9) and (10), a certificate shall remain in force for a period of 2
years after the date on which it is signed by the Minister of the Government
concerned and shall then expire, but a Minister of the Government may, at any time,
issue a certificate under this section in respect of a record in relation to which a
certificate had previously been issued, unless pursuant to—
(a) a decision (which has not been reversed) following a review under sections 21 or
22, or
(b) a decision under section 24 on an appeal to the High Court,
the record is not an exempt record.
Information obtained in confidence
35. (1) Subject to this section, a head shall refuse to grant an FOI request if—
(a) the record concerned contains information given to an FOI body, in confidence
and on the understanding that it would be treated by it as confidential (including
such information as aforesaid that a person was required by law, or could have
been required by the body pursuant to law, to give to the body) and, in the
opinion of the head, its disclosure would be likely to prejudice the giving to the
body of further similar information from the same person or other persons and it
is of importance to the body that such further similar information as aforesaid
should continue to be given to the body, or
(b) disclosure of the information concerned would constitute a breach of a duty of
confidence provided for by a provision of an agreement or enactment (other than
a provision specified in column (3) in Part 1 or 2 of Schedule 3 of an enactment
specified in that Schedule) or otherwise by law.
(2) Subsection (1) shall not apply to a record which is prepared by a head or any other
person (being a director, or member of the staff of, an FOI body or a service provider)
in the course of the performance of his or her functions unless disclosure of the
information concerned would constitute a breach of a duty of confidence that is
provided for by an agreement or statute or otherwise by law and is owed to a person
other than an FOI body or head or a director, or member of the staff of, an FOI body
or of such a service provider.
(3) Subject to section 38, subsection (1)(a) shall not apply in relation to a case in which,
in the opinion of the head concerned, the public interest would, on balance, be better
served by granting than by refusing to grant the FOI request concerned.
(4) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which
subsection (2) and (3) do not apply or would not, if the record existed, apply, and
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