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Disclosure in public interest |
| Disclosure in public interest. |
13. - (1) This section applies in relation to a request for information received by a public authority, if and to the extent that the request relates to information whose disclosure to the applicant by the public authority-
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(a) would be required by section 1(1) but for the fact that the information is exempt information by virtue of any provision of Part II other than the provisions specified in subsection (2), or would be required but for that fact if it were held by the authority, and |
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(b) is not otherwise required by law. |
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(2) The provisions of Part II referred to in subsection (1)(a) are-
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(ii) subsection (2) so far as relating to the first condition referred to in that subsection,
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(3) Where the duty to confirm or deny does not arise but it appears to the public authority that, in all the circumstances of the case, the public interest in disclosing the fact that the authority does or does not hold information of the description specified in the request outweighs the public interest in maintaining the exemption in question, the authority shall inform the applicant whether it holds the information.
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(4) Where-
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(a) the public authority holds information of the description specified in the request and has informed, or intends to inform, the applicant that it does so, and |
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(b) it appears to the authority that, in all the circumstances of the case, the public interest in disclosing the information outweighs the public interest in maintaining the exemption in question, |
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the public authority shall communicate the information to the applicant.
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(5) In making any decision under subsection (3) or (4) in a case where the information is exempt information by virtue of section 33(1)(a), the public authority shall, in particular, have regard to the public interest in communicating to the applicant factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.
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(6) A public authority must comply with this section within such time as is reasonable in the circumstances.
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(7) This section does not apply in relation to information to which a certificate under section 34(6) relates.
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| Fees for public interest disclosure. |
14. - (1) A public authority may charge for-
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(a) the provision under section 13(3) of information as to whether any information is held, or |
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(b) the communication of any information under section 13(4), |
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such fee as may be determined by the public authority in accordance with regulations made by the Secretary of State.
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(2) Regulations under this section may, in particular, provide-
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(a) that no fee is to be payable in prescribed cases, |
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(b) that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and |
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(c) that any fee is to be calculated in such manner as may be prescribed by the regulations. |
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(3) Subsection (1) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information to which the request for information relates.
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Refusal of request |
| Refusal of request. |
15. - (1) A public authority which, in relation to any request for information, is to any extent relying on a claim that by virtue of any provision of Part II the duty to confirm or deny does not arise or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which-
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(b) specifies the exemption in question, |
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(c) states (if that would not otherwise be apparent) why the exemption applies. |
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(2) Where, at the time when the notice under subsection (1) is given to the applicant, the public authority has not yet reached a decision under section 13, the notice must indicate that fact.
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(3) A public authority which-
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(a) decides under section 13(3) that, in all the circumstances of the case, the public interest in disclosing the fact that the authority does or does not hold information of the description specified in a request for information does not outweigh the public interest in maintaining an exemption, or |
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(b) decides under section 13(4) that, in all the circumstances of the case, the public interest in disclosing any information does not outweigh the public interest in maintaining an exemption, |
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must, either in the notice under subsection (1) or in a separate notice given within such time as is reasonable in the circumstances, state the authority's reasons for its decision.
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(4) A public authority is not obliged to make a statement under subsection (1)(c) or (3) if, or to the extent that, the statement would involve the disclosure of information which would itself be exempt information.
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(5) A public authority which, in relation to any request for information, is relying on a claim that section 11 or 12 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.
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(6) Subsection (5) does not apply where-
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(a) the public authority is relying on a claim that section 12 applies, |
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(b) the authority has given the applicant a notice, in relation to a previous request for information, stating that it is relying on such a claim, and |
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(c) it would in all the circumstances be unreasonable to expect the authority to serve a further notice under subsection (5) in relation to the current request. |
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(7) A notice under subsection (1), (3) or (5) must-
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(a) contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and |
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(b) contain particulars of the right conferred by section 49. |
