PT.3 S.22[NO. 30.]
Freedom of Information Act 2014.
[2014.]
subsection (3).
(b) The report of the Commissioner for any year under section 47 shall specify the
number of cases (if any) in that year in which a notice referred to in subsection
(10) in relation to a decision under subsection (2)(b) was not given to a person
specified in subsection (10) within the appropriate period specified in paragraph
(a).
(12) In a review under this section—
(a) a decision to grant a request to which section 38 applies shall be presumed to
have been justified unless the person concerned to whom subsection (2) of that
section applies shows to the satisfaction of the Commissioner that the decision
was not justified, and
(b) a decision to refuse to grant an FOI request shall be presumed not to have been
justified unless the head concerned shows to the satisfaction of the Commissioner
that the decision was justified.
(13) A decision of the Commissioner following a review under this section shall, where
appropriate, specify the period within which effect shall be given to the decision and,
in fixing such a period, the Commissioner shall have regard to the desirability, subject
to section 26, of giving effect to such a decision as soon as may be after compliance in
relation thereto with subsection (11).
(14) Subject to this Act, a decision under subsection (2) shall—
(a) insofar as it is inconsistent with the decision to which this section applies, have
effect in lieu thereof, and
(b) be binding on the parties concerned.
(15) Nothing in this Act shall prevent the Commissioner in a review under this section
from taking into account that the record concerned—
(a) has lost its confidentiality,
(b) is no longer commercially sensitive, or
(c) is personal information relating to an individual other than the requester.
(16) In this section “relevant person”, in relation to a decision specified in subsection (1),
means—
(a) the requester concerned and, if the decision is in respect of a request to which
section 38 relates, a person to whom subsection (2) of that section applies, or
(b) if the decision is under section 9 or 10, the person who made the application
concerned under that section.
Requests for further information by Commissioner
23. (1) Where—
(a) an application for the review by the Commissioner of—
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