APPENDICES

A. Information not held

The notice must:

• Advise the applicant that the information is not held (s17(1))

• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

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In most cases, the public authority’s procedures for dealing with complaints and carrying out a review will be the same. 

B. Information exempt

The notice must:

• Disclose that the public authority holds the information (s16(1)(a))
• State that the information is exempt (s16(1)(b))
• Specify the exemption in question (s16(1)(c))
• State why (if not otherwise apparent) the exemption applies (s16(1)(d)) and, if the exemption is subject to the public interest test, state why the public interest is in favour of maintaining that exemption (s16(2))
• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

C. Section 18 notice – neither confirm nor deny

The notice must:

• State that the information, if it existed or was held by the public authority, would be exempt (s16(1)(b))

• Specify the exemption in question (s16(1)(c))

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This must be one or more of the exemptions in sections 28 to 35, 39(1) or 41 of FOISA.

• State why (if not otherwise apparent) the exemption applies (s16(1)(d))
• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

D. Fees notice under s9 – fees in accordance with fees regulations

The notice must:

• Issue a fees notice, specifying the fee which is to be charged in line with the fees regulations.(Annex 3 of the Section 60 Code provides guidance on the contents of fees notices.)
• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

E. Application too expensive to deal with – s12

The notice must:

• State that the public authority is claiming that it does not have to comply with the request because it estimates that the cost of complying with the request would exceed the maximum amount in the fees regulations (s16(4))
• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

F. Outcome of review

The notice must:

• Advise the applicant what steps the public authority has taken under s21(4) (i.e. confirm its original decision; substitute a different decision or reach a decision where no decision had been reached)
• Advise the applicant why it has taken these steps (s21(5))
• Advise the applicant about their rights to make an application to the Commissioner and to appeal to the Court of Session (s21(10))

G. Application vexatious/repeat – initial refusal

The notice must:

• State that the public authority is claiming that it is not obliged to comply with a request for information because the request is vexatious under s14(1) or repeat under s14(2) (s16(5))
• Advise the applicant of the public authority’s procedure for dealing with complaints about the handling by it of requests for information (s19(a)) and advise the applicant about the right to ask it to review its decision and to make an application to the Commissioner (s19(b))

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This must be read in conjunction with the notes in Step 5: Dealing with vexatious or repeated requests.

H. Application vexatious/repeat – refusal to carry out review

The notice must:

• Advise the applicant that the public authority considers that it does not have to carry out a review because the requirement to carry out the review is vexatious or because the initial request itself was vexatious or repeat (s21(9))
• Advise the applicant about their rights to make an application to the Commissioner and to appeal to the Court of Session (s21(10)).