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'Information on the Legal justification for postponement of increments'.
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Ref. No. |
REV8673/04/06/10 |
ABERDEEN CITY COUNCIL
Freedom of Information (Scotland) Act 2002 - (FOISA)
Decision Notice - Section 21(5), FOISA
Applicant's Name |
Mr Glennie |
Applicant's Address |
[FOI #34872 email] |
Date Notice Issued |
4 June 2010 |
Dear Mr Glennie,
In accordance with section 21(1) of the Freedom of Information (Scotland) Act 2002 (FOISA), the Review Panel of Aberdeen City Council (ACC) has considered your application for a Requirement for Review, received by ACC on 19 May 2010.
The Panel considered the monitoring log and correspondence in connection with a request for information under the Freedom of Information (Scotland) Act 2002 and the application for a review of the City Council's handling of the request in terms of Section 20 of the Act.
Decision
The Panel considered that the response sent to the applicant was appropriate and that the officer concerned had correctly applied the public interest test in issuing the Refusal Notice. Therefore the Panel considered that it would not be appropriate to issue the legal advice to the applicant.
Application for a decision by the Scottish Information Commissioner:
By virtue of Section 47 of the FOISA, a person who is dissatisfied with a Decision Notice issued under Section 21 (5) or (9) of the FOISA, may apply to the Scottish Information Commissioner for his decision as to whether, in any respect specified in that application, the request for information under section 1(I) of the FOISA, has been dealt with in accordance with Part 1 of the FOISA.
An application to the Scottish Information Commissioner must be made in writing (or in another form having some permanency ie a video/tape recording) within six months of receipt of a section 21 Decision Notice from Aberdeen City Council's Review Panel. When applying to the Scottish Information Commissioner to make a decision with respect to the section 21 Decision Notice, you must state your name and address for correspondence.
You must also specify: -
the request for information to which the Requirement for Review which was made to Aberdeen City Council relate;
the matter which gives rise to your dissatisfaction pertaining to your request for review;
the matter which gives rise to your dissatisfaction pertaining to the decision given in the section 21 Decision Notice.
Yours faithfully,
Review Panel
Aberdeen City Council
4 June 2010
FURTHER INFORMATION:
The Scottish Information Commissioner can be contacted at:-
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9BS
Telephone 01334 464610
Fax 01334 464611
Email [email address]
Appeals Against a Decision of the Scottish Information Commissioner:
Section 56 of the FOISA provides that an appeal on a point of law may be made to the Court of Session:
against a decision of the Scottish Information Commissioner (under subsection (2) of section 49 - i.e. where the Commissioner determines that a decision does not require to be made) by the person who applied to the Scottish Information Commissioner to make such a decision (i.e. an applicant);
against a decision of the Scottish Information Commissioner ( under subsection 3(b) of section 49) by an applicant or by the Scottish Public Authority in respect of which the decision was made or
against a decision which resulted in the giving of an information notice or an enforcement notice to a Scottish Public Authority.