Freedom of InformationNo. 3, 1982
(2) Where application is made to an agency or the Minister under subsection (1), the agency or Minister—
- (a) may remit the charge to which the application relates in whole or in part; and
- (b) shall take all reasonable steps to enable the applicant to be notified of a decision on the application as soon as practicable but in any case not later than 28 days after the day on which the application was received by or on behalf of the agency or Minister.
(3) Without limiting the matters which the agency or Minister may take into account for the purpose of determining whether or not to remit a charge under sub-section (2), the agency or Minister shall take into account—
- (a) whether the payment of the charge or of any part of the charge would cause financial hardship to the applicant;
- (b) whether the document to which the applicant seeks access relates to the personal affairs of the applicant; and
- (c) whether the giving of access is in the general public interest or in the interest of a substantial section of the public.
(4) Where—
- (a) an application has been made to an agency or Minister under subsection (1);
- (b) the period of 28 days has elapsed since the day on which the application was received by or on behalf of the agency or Minister; and
- (c) notice of a decision on the application has not been received by the applicant, the principal officer of the agency, or the Minister, as the case requires, shall, for all purposes of this Act, be deemed to have made, on the last day of that period, a decision refusing to make the total or partial remission of the charge to which the application relates that was sought in that application.
(5) In this section, "charge" means a charge that the applicant is notified under section 29 that he is liable to pay in respect of a request for access to a document or in respect of the provision of access to a document.
Certain periods to be disregarded for the purposes of section 19
31. (1) Where an applicant receives a notification under section 29 before the day on which the period that is, for the purposes of section 19, the prescribed period in relation to the request made by him expires or, but for the operation of this sub-section, would expire, being a notification to the effect that the applicant is liable to pay a specified charge in respect of that request, there shall be disregarded, in the computation of that prescribed period, each day occurring during the period commencing on the day on which that notification is received by the applicant and ending on the day that is, under sub-section (3), the relevant day in relation to that request.
