FREEDOM OF INFORMATION ACT 1991 - SECT 18
FREEDOM OF INFORMATION ACT 1991 - SECT 18
18—Agencies may refuse to deal with certain applications
(1) An agency may
refuse to deal with an application if it appears to the agency that the nature
of the application is such that the work involved in dealing with it within
the period allowed under section 14 (or within any reasonable extension
of that period under section 14A) would, if carried out, substantially
and unreasonably divert the agency's resources from their use by the agency in
the exercise of its functions.
(2) An agency must not
refuse to deal with such an application without first endeavouring to assist
the applicant to amend the application so that the work involved in dealing
with it would, if carried out, no longer substantially and unreasonably divert
the agency's resources from their use by the agency in the exercise of its
functions.
(2a) An agency may
refuse to deal with an application if, in the opinion of the agency, the
application is part of a pattern of conduct that amounts to an abuse of the
right of access or is made for a purpose other than to obtain access to
information.
(3) An agency may
refuse to continue dealing with an application if—
(a) it
has requested payment of an advance deposit in relation to the application;
and
(b)
payment of the deposit has not been made within the period specified in the
request.
(4) If an agency
refuses to continue dealing with an application under
subsection (3)—
(a) it
must refund to the applicant such part of the advance deposits paid in respect
of the application as exceeds the costs incurred by the agency in dealing with
the application; and
(b) it
may retain the remainder of those deposits.
(5) An agency that
refuses to deal with an application under this section must forthwith cause
written notice of that fact to be given to the applicant.
(6) Such a notice must
specify—
(a) the
reasons for the refusal; and
(b) the
findings on any material questions of fact underlying those reasons, together
with a reference to the sources of information on which those findings are
based.
(7) An agency is not
required to include in a notice any matter if its inclusion in the notice
would result in the notice being an exempt document.
(8) A refusal to deal
with, or to continue to deal with, an application under this section is a
determination for the purposes of this Act.