Act 6
Access to Information Act
2005
(4) Where, after notice is given under subsection (1), the record in question is found, the
person requesting access shall be given access to the record unless access is refused on a
ground for refusal under Part III.
15. Deferral of access.
(1) Where the information officer determines that access may be granted to a record, but
that record (a) is to be published within ninety days after the receipt or transfer of the request or
such further period as is reasonably necessary for printing the record for the
purpose of publishing it;
(b) is required by law to be published but is yet to be published; or
(c) has been prepared for submission to a public body, public officer or a particular
person but is yet to be submitted,
the information officer my defer giving access to the record.
(2) Where access to a record is deferred under subsection (l), the information officer shall
notify the person concerned (a) that he or she may, within twenty one days after that notice is given, make
representations to the information officer why the record is required before the
publication or submission; and
(b) of the likely period for which access is to be deferred.
(3) Where a person makes representation under subsection (2)(a), the information officer
shall, after due consideration of those representations, grant the request for access only if
there are reasonable grounds for believing that the person will suffer substantial prejudice if
access to the record is deferred for the period referred to in subsection (2)(b).
16. Decision on request and notice
(1) The information officer to whom a request for access is made or transferred shall,
subject to section 17, as soon as reasonably possible, be in any event, within twenty one days
after the request is received (a) determine in accordance with this Act, whether to grant the request; and
(b) notify the person requesting the access of the decision and, if the person stated as
required by section 11(2)(b), that he or she wishes to be informed of the decision
in any other manner, inform him or her in that manner if it is reasonable possible.
(2) Where the request for access is granted, the notice under subsection (1)(b) shall state–
(a) the fee, if any, to be paid upon access;
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