PT.3 S.24[NO. 30.]
Freedom of Information Act 2014.
[2014.]
delegated under section 20 at the time of the making of the decision),
made by the Commissioner in respect of a record held by the Office of 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 Office of the Ombudsman.
(4) (a) Subject to paragraph (b), an appeal under subsection (1), (2) or (3) shall be
initiated not later than 4 weeks after notice of the decision concerned was given
to the person bringing the appeal.
(b) Where the Commissioner has decided that access should be granted to some
records (including parts of records) but not all records requested—
(i) the requester shall have 8 weeks after the date of the notification of the
decision concerned to initiate an appeal to the High Court under this section,
and
(ii) the public body concerned shall grant access to those records that it intends
to release after expiration of 4 weeks from the decision of the Commissioner.
(5) A decision of the High Court following an appeal under subsection (1), (2) or (3)
shall, where appropriate, specify the period within which effect shall be given to the
decision.
(6) The Commissioner may refer any question of law arising in a review under section 22
to the High Court for determination, and the Commissioner may postpone the making
of a decision following the review until such time as he or she considers convenient
after the determination of the High Court.
(7) (a) Where an appeal under subsection (1), (2) or (3) by a person (other than a head)
is dismissed by the High Court, that Court may, if it considers that the point of
law concerned was of exceptional public importance, order that some or all of the
costs of the person in relation to the appeal be paid by the FOI body concerned.
(b) Where a reference under subsection (6) is heard by the High Court, that Court
may order that some or all of the costs of a person (other than a head) in relation
to such reference be paid by the FOI body concerned.
(8) Where an appeal to the Supreme Court is taken from a decision of the High Court
under this section, that Court may order that some or all of the costs of a person (other
than a head) in relation to an appeal to that Court be paid by the FOI body concerned,
if it considers that a point of law of exceptional public importance was involved in the
appeal and, but for this subsection, that Court would not so order.
CHAPTER 6
Miscellaneous
Precautions by High Court and Commissioner against disclosure of certain information
25. (1) In proceedings in the High Court under or in relation to this Act, that Court shall take
all reasonable precautions to prevent the disclosure to the public or, if appropriate, to
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