Freedom of Information (Amendment) Act 2003

Amendment of section 8 (decisions on requests under section 7 and notification of decisions) of Principal Act.

6.—Section 8 of the Principal Act is amended—

(a) in subsection (2), in paragraph (d)(ii), by substituting “section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A)” for “section 19(5), 22(2), 23(2) or 24(3)”,

and the said subsection (2) (other than paragraphs (a) to (c) and (e) and (f) as so amended is set out in the Table to this section.

and

(b) in subsection (4), by substituting “Subject to the provisions of this Act, in deciding” for “In deciding”,

and the said subsection (4), as so amended, is set out in the Table to this section.

TABLE

(2) A notice under subsection (1) shall specify—

(d) if the request aforesaid is refused, whether wholly or in part—

(i) the reasons for the refusal, and

(ii) unless the refusal is pursuant to section 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A), any provision of this Act pursuant to which the request is refused and the findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision,

(4) Subject to the provisions of this Act, in deciding whether to grant or refuse to grant a request under section 7—

(a) any reason that the requester gives for the request, and

(b) any belief or opinion of the head as to what are the reasons of the requester for the request.

shall be disregarded.