Section 9 Fees.I1

United Kingdom

(1)

A public authority to whom a request for information is made may, within the period for complying with section 1(1), give the applicant a notice in writing (in this Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for complying with section 1(1).

(2)

Where a fees notice has been given to the applicant, the public authority is not obliged to comply with section 1(1) unless the fee is paid within the period of three months beginning with the day on which the fees notice is given to the applicant.

C1(3)

Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the F1Minister for the Cabinet Office.

(4)

Regulations under subsection (3) may, in particular, provide—

(a)

that no fee is to be payable in prescribed cases,

(b)

that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and

(c)

that any fee is to be calculated in such manner as may be prescribed by the regulations.

(5)

Subsection (3) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information.

Annotations

Textual amendments

F1: Words in s. 9(3) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 14(2)(d) (with art. 12)

Modifications

C1: S. 9(3) functions transferred (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 4(1), (2)(a) (with art. 5)

Commencement

I1: S. 9 wholly in force at 1.1.2005; s. 9 in force at Royal Assent to the extent that it confers power to make regulations, see s. 87(1)(m)(3); s. 9 otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2