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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 14 October 2015 - onwards
Version 2 of 2

38. Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies

(1) In this section "request to which this section applies" means an FOI request to which section 35(3), section 36(3) or section 37(5)(a) applies and which, apart from this section, would fall to be granted.

(2) Subject to subsection (6), before deciding whether to grant a request to which this section applies, a head shall, not later than 2 weeks after the receipt of the request -

(a) if the request is one to which section 35(3) applies, cause the person who gave the information concerned to the FOI body concerned and, if the head considers it appropriate, the person to whom the information relates, or

(b) if the request is one to which section 36(3) or 37(5)(a) applies, cause the person to whom the information relates,

to be notified, in writing or in such other form as may be determined -

(i) of the request and that, apart from this section, it falls, in the public interest, to be granted,