Freedom of Information Act 1982

PART III - ACCESS TO DOCUMENTS  

SECTION 26   Reasons and other particulars of decisions to be given  

26(1)  
Where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision-maker shall cause the applicant to be given notice in writing of the decision, and the notice shall:


(a) state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; and


(aa) in the case of a decision to refuse to give access to a conditionally exempt document - include in those reasons the public interest factors taken into account in making the decision; and

Note:

the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii); 11A ).


(b) where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and


(c) give to the applicant appropriate information concerning:


(i) his or her rights with respect to review of the decision;

(ii) his or her rights to make a complaint to the Information Commissioner in relation to the decision; and

(iii) the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii);
including (where applicable) particulars of the manner in which an application for internal review (Part VI and IC review (Part VII ) may be made.

26(1A)  
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (1).

26(2)  
A notice under this section is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.


 

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