When is the deadline for foia refusal notice claiming an exemption, s.12 or s.14?
The catalogue records a 20 working-days period from The date of receipt of the request (the notice must be given within the same period as the s.1(1) duty). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 20 working-days
- Trigger
- The date of receipt of the request (the notice must be given within the same period as the s.1(1) duty)
- 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.
- None for the refusal notice itself. Critically, the s.10(3) public interest extension does not extend this deadline: s.10(3) expressly says it "does not affect the time by which any notice under section 17(1) must be given".
- This is the trap in a public interest test case. Even where the authority lawfully takes longer to complete the balancing exercise, the s.17(1) notice identifying the exemption relied on is still due within 20 working days; only the s.17(3) statement of public interest reasons can come later, "within such time as is reasonable in the circumstances". Section 17(5) applies the sa