50Requests under the Freedom of Information Act 1982

50 Requests under the Freedom of Information Act 1982

(1) If: (a) before the fund‑transfer day, a request was made under the Freedom of Information Act 1982 for access to a document in the possession of the Commission; and (b) the document has been transferred to the nominated company under this Part; and (c) the request had not been finally disposed of under the Freedom of Information Act 1982 immediately before the fund‑transfer day; then: (d) the request is taken to have been transferred to the nominated company on the fund‑transfer day; and (e) the Freedom of Information Act 1982 has effect on and after the fund‑transfer day, in relation to the request, as if the nominated company were an agency (within the meaning of that Act). (2) If: (a) immediately before the fund‑transfer day, a person had a right to: (i) apply under the Administrative Appeals Tribunal Act 1975 (the AAT Act) for a review of a decision of the Commission made under the Freedom of Information Act 1982 in relation to a particular document, where possession of the document has been transferred from the Commission to the nominated company under this Part; or (ii) request under the AAT Act a statement of reasons for such a decision; or (b) before the fund‑transfer day, a person made such an application or request but it had not been finally disposed of under the AAT Act before the fund‑transfer day; the AAT Act has effect on and after the fund‑transfer day, in relation to the right, application or request as if: (c) the decision made by the Commission had been made by the nominated company; and (d) the nominated company had been in existence at all relevant times; and (e) the nominated company were substituted for the Commission as a party to any relevant proceedings arising under that Act.