When is the deadline for foia public interest test extension?
The catalogue records a 20 working-days period from Expiry of the initial 20 working day period where a qualified exemption is engaged and the public interest balance is not yet resolved. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 20 working-days
- Trigger
- Expiry of the initial 20 working day period where a qualified exemption is engaged and the public interest balance is not yet resolved
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- This IS the discretion. The statutory test is only "reasonable in the circumstances" - there is no fixed period. The section 45 Code of Practice para 4.6 states: "In general, it is best practice for an extension to be for no more than a further 20 working days although this will depend on the circumstances of the case, including again the complexity and volume of the material, and in some circumstances a longer extension may be appropriate." The Commissioner treats a further 20 working days as the normal ceiling but will accept longer on complex or voluminous material. Never compute 40 working days as an automatic entitlement.
- Only available for qualified exemptions (those subject to the s.2 public interest test), not absolute ones, and not for s.12 or s.14. Code para 4.7 expects the authority to write to the applicant stating the exemption relied on and, ideally, a new deadline. Model this as a soft target with a mandatory notification, not a hard date.