Freedom of Information (Amendment) Act 2003

Amendment of section 34 (review by Commissioner of decisions) of Principal Act.

26.—Section 34 of the Principal Act is amended—

(a) in subsection (1), by inserting the following paragraph after paragraph (d):

“(dd) a decision to refuse to grant a request under section 7 on the ground that, by virtue of section 46, this Act does not apply to the record concerned,”,

(b) by substituting the following subsection for subsection (3):

“(3) A decision under subsection (2) shall be made as soon as may be and, in so far as practicable, not later than 4 months after the receipt by the Commissioner of the application for the review concerned.”,

and

(c) in subsection (4), in paragraph (a), by inserting “or, in a case in which the Commissioner is of opinion that there are reasonable grounds for extending that period, the expiration of an additional period of such length as he or she may determine” after “relevant person concerned”,

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

TABLE

(4) An application under subsection (2) shall be made—

(a) if it relates to a decision specified in paragraph (d) or (f) of subsection (1), not later than 2 weeks after the notification of the decision to the relevant person concerned or, in a case in which the Commissioner is of opinion that there are reasonable grounds for extending that period, the expiration of an additional period of such length as he or she may determine, and