44Refusing to deal with application—unreasonable and

44 Refusing to deal with application—unreasonable and substantial diversion of resources (1) For section 43 (1) (a), dealing with an access application would require an unreasonable and substantial diversion of the respondent’s resources only if— (a) the resources required to identify, locate, collate and examine any information held by the respondent, including the resources required in obtaining the views of relevant third parties under section 38, would substantially inhibit the ability of the respondent to exercise its functions; and

(b) the extent to which the public interest would be advanced by giving access to the information does not justify the use of the required resources. (2) For subsection (1), the respondent— (a) is not required to have regard to any extension by agreement between the applicant and the respondent of the period within which the application is required to be decided; and (b) must not have regard to— (i) any reasons the applicant gives for applying for access; or (ii) the respondent’s belief about the applicant’s reasons for applying for access.