(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.
(3)Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the [F1Secretary of State].
(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.
Textual Amendments
F1Words in s. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 12(1)(a)
Commencement Information
I1S. 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