FREEDOM OF INFORMATION ACT 1982

PART III - ACCESS TO DOCUMENTS  

SECTION 16   Transfer of requests  

16(1)  
Where a request is made to an agency for access to a document and:


(a) the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or


(b) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made;

the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency.

16(2)  


Where a request is made to an agency for access to a document that:


(a) originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and


(b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made;

the request shall be transferred:


(c) to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or


(d) if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2 - to that Department.

16(3)  
Where a request is made to an agency for access to a document that:


(a) originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and


(b) is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made;

the agency to which the request is made shall transfer the request to the other agency.

16(3A)  
Where:


(a) a request is made to an agency for access to more than one document; and


(b) one or more of those documents is a document to which subsection (1), (2) or (3) applies;

this section applies to each of those documents as if separate requests for access had been made to the agency in respect of each of those documents.

16(4)  
Where a request is transferred to an agency in accordance with this section, the agency making the transfer shall inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency.

16(5)  
Where a request is transferred to an agency in accordance with this section, the request is to be taken to be a request:


(a) made to the agency for access to the document that is the subject of the transfer; and


(b) received by the agency at the time at which it was first received by an agency.

16(6)  
In this section, agency includes a Minister.




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