PT.4 S.37[NO. 30.]
Freedom of Information Act 2014.
[2014.]
Government as the Minister considers appropriate.
Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies
38. (1) In this section “request to which this section applies” means an FOI request to which
section 35(3), section 36(3) or section 37(5)(a) applies and which, apart from this
section, would fall to be granted.
(2) Subject to subsection (6), before deciding whether to grant a request to which this
section applies, a head shall, not later than 2 weeks after the receipt of the request—
(a) if the request is one to which section 35(3) applies, cause the person who gave
the information concerned to the FOI body concerned and, if the head considers it
appropriate, the person to whom the information relates, or
(b) if the request is one to which section 36(3) or 37(5)(a) applies, cause the person
to whom the information relates,
to be notified, in writing or in such other form as may be determined—
(i) of the request and that, apart from this section, it falls, in the public interest, to be
granted,
(ii) that the person may, not later than 3 weeks after the receipt of the notification,
make submissions to the head in relation to the request, and
(iii) that the head will consider any such submissions before deciding whether to grant
or refuse to grant the request.
(3) (a) The head may, as respects a request to which this section applies received by him
or her, extend the period specified in subsection (2) for compliance with that
subsection by such period as he or she considers necessary but not exceeding a
period of 2 weeks if in the opinion of the head—
(i) the request relates to such number of records, or
(ii) the number of persons required by subsection (2) to be notified of the matters
referred to in paragraph (i) to (iii) of that subsection is such,
that compliance with that subsection within the period specified therein is not
reasonably possible.
(b) Where a period is extended under this subsection, the head concerned shall cause
notice in writing, or in such other form as may be determined, to be given to the
requester concerned, before the expiration of the period, of the extension and the
period thereof and reasons therefor.
(c) The reference in subsection (2) to 2 weeks shall be construed in accordance with
any extension under this subsection of that period.
(4) A person who receives a notification under subsection (2) may, not later than 3 weeks
after such receipt, make submissions to the head concerned in relation to the request
to which this section applies referred to in the notification and the head—
(a) shall consider any such submissions so made before deciding whether to grant the
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