[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.4 S.38
request,
(b) shall cause the person to be notified in writing or in such other form as may be
determined of the decision, and
(c) if the decision is to grant the request, shall cause to be included in the notification
particulars of the right of review of the decision under section 22, the procedure
governing the exercise of that right and the time limit governing such exercise.
(5) Subject to subsection (6), a head shall make a decision whether to grant a request to
which this section applies, and shall comply with subsection (4) in relation thereto,
not later than 2 weeks after—
(a) the expiration of the time specified in subsection (4), or
(b) the receipt of submissions under that subsection in relation to the request from
those concerned,
whichever is the earlier, and section 13(1) shall be construed and shall have effect
accordingly.
(6) If, in relation to a request to which this section applies, the head concerned is unable
to comply with subsection (2), having taken all reasonable steps to do so, the head
shall, if the Commissioner consents to the non-compliance, make a decision whether
to grant or refuse the request not later than 7 weeks after the receipt of the request and
in such a case section 13(1) shall be construed and shall have effect accordingly.
(7) If, in relation to a request to which this section applies, the Commissioner does not
consent, pursuant to subsection (6), to non-compliance with subsection (2), he or she
shall direct the head concerned to take specified steps within a specified period for the
purpose of complying with subsection (2) and if, having taken those steps within that
period or such further period as the Commissioner may specify, the head is unable to
comply with that subsection, he or she shall, as soon as may be, make a decision
whether to grant or refuse the request.
Research and natural resources
39. (1) A head may refuse to grant an FOI request if, in the opinion of the head—
(a) the record concerned contains information in relation to research being or to be
carried out by or on behalf of an FOI body and disclosure of the information or
its disclosure before the completion of the research would be likely to expose the
body, any person who is or will be carrying out the research on behalf of the body
or the subject matter of the research to serious disadvantage, or
(b) disclosure of information contained in the record could reasonably be expected to
prejudice the well-being of a cultural, heritage or natural resource or a species, or
the habitat of a species, of flora or fauna.
(2) Subsection (1) does 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.
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