ch3600c03a
02-12-00 01:17:21
c. 36
10
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part I
(e) in the case of a record transferred to the Public Record
Office of Northern Ireland from any other person, the person
who appears to the appropriate Northern Ireland Minister to
be primarily concerned.
Duty to provide
advice and
assistance.
16.—(1) It shall be the duty of a public authority to provide advice and
assistance, so far as it would be reasonable to expect the authority to do
so, to persons who propose to make, or have made, requests for
information to it.
(2) Any public authority which, in relation to the provision of advice
or assistance in any case, conforms with the code of practice under section
45 is to be taken to comply with the duty imposed by subsection (1) in
relation to that case.
Refusal of request
Refusal of request.
17.—(1) A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision of Part
II relating to the duty to confirm or deny is relevant to the request or on
a claim that information is exempt information must, within the time for
complying with section 1(1), give the applicant a notice which—
(a) states that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the
exemption applies.
(2) Where—
(a) in relation to any request for information, a public authority is,
as respects any information, relying on a claim—
(i) that any provision of Part II which relates to the duty
to confirm or deny and is not specified in section 2(3) is
relevant to the request, or
(ii) that the information is exempt information only by
virtue of a provision not specified in section 2(3), and
(b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within
section 66(3) or (4), the responsible authority) has not yet
reached a decision as to the application of subsection (1)(b) or
(2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.
(3) A public authority which, in relation to any request for
information, is to any extent relying on a claim that subsection (1)(b) or
(2)(b) of section 2 applies must, either in the notice under subsection (1)
or in a separate notice given within such time as is reasonable in the
circumstances, state the reasons for claiming—
(a) that, in all the circumstances of the case, the public interest in
maintaining the exclusion of the duty to confirm or deny
outweighs the public interest in disclosing whether the authority
holds the information, or
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