41Deciding access—respondent may ask for additional time

41 Deciding access—respondent may ask for additional time to decide (1) A respondent to an access application may ask the applicant for an additional stated amount of time to decide the application. (2) The request must be made— (a) before the end of the period for deciding the application under section 40; or (b) for a second or subsequent request—before the end of the additional time last granted. (3) The respondent may decide the application before the end of the additional time requested if— (a) the total period for deciding the application would, if the request is agreed to, be not more than 12 months; and (b) the applicant agrees, or is taken to agree, to the request. (4) For subsection (3) (b), an applicant is taken to agree to a request if— (a) the applicant has not, within 7 working days after the request is made, refused the request; and (b) the respondent has not received notice that the applicant has applied for review under part 8. (5) The respondent may decide the application before the end of the additional time requested if— (a) the total period for deciding the application would, if the request is agreed to, be more than 12 months but not more than 24 months; and (b) both of the following apply: (i) the applicant agrees to the request;

(ii) the respondent agrees to deal with the application progressively. Example—par (ii) the respondent provides information progressively (6) The respondent must not ask the applicant for additional time to decide an access application if the total period for deciding the application would, if the request is agreed to, be more than 24 months. total period, to decide an access application, means the period— (a) beginning on the day the respondent receives the application; and (b) ending on the day the respondent decides the application.