Department for Business and Trade (Central government) [2023] UKICO 182888 (19 April 2023)
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Department for Business and Trade
The complainant requested information from the Department for Business, Energy & Industrial Strategy (“BEIS”) [1] about a consultation on units of measurement. BEIS refused to provide the requested information under section 12(1) (cost limit) of FOIA. The Commissioner’s decision is that BEIS has not sufficiently demonstrated that section 12 of FOIA applied to the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: • Provide a fresh response to the request under FOIA that does not rely upon section 12. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court. [1] Although this request was submitted to BEIS, in February 2023 BEIS was replaced with a new government department, namely the Department for Business & Trade (DBT). This decision is therefore served on DBT albeit that the decision notice refers to BEIS as it was the body that handled the request and with whom the Commissioner corresponded about this complaint.
FOI 12:
Complaint upheld
FOI 16:
Complaint not upheld
Decision notice: 182888
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URL: http://www.bailii.org/uk/cases/UKICO/2023/182888.html
