29A What an agency or Minister must do before refusing to deal with application under section 29

(1) An agency or Minister may refuse to deal with an application under section 29(1) only if—

(a) the agency or Minister has given the applicant a written notice—

(i) stating an intention to refuse to deal with the application; and

(ii) advising that, for a consultation period, the applicant may consult with a stated officer of the agency or a stated member of the staff of the Minister with a view to making an application in a form that would remove the ground for refusal; and

(iii) advising that the consultation period ends 21 days after the day the applicant is given the notice; and

(iv) stating the effect of subsections (2), (3), (4), (5), (6) and (7); and

(b) the agency or Minister has given the applicant a reasonable opportunity to consult with the officer or member; and

(c) the agency or Minister has, as far as is reasonably practicable, provided the applicant with any information that would help the making of an application in a form that would remove the ground for refusal.

(2) During consultation, the applicant and officer or member may agree what is to be the appropriate period for section 27 in relation to the application.

(3) Following consultation, the applicant may give the officer or member written notice either confirming or altering the application.

Examples of alterations—

• an alteration of the documents to which the application relates
• an alteration of the application to state that the appropriate period for section 27 in relation to the application is to be a period that has been agreed with the officer or member

(4) If the application is altered, section 29 applies in relation to the altered application but the other provisions of this section do not apply to it.

(5) If the applicant fails to consult after being given notice under subsection (1)(a), the applicant is taken to have withdrawn the application.

(6) Without limiting subsection (5), the applicant is taken to have failed to consult if, by the end of the consultation period, the applicant has not given the officer or member written notice under subsection (3).

(7) If the applicant gives the officer or member written notice altering the application to state that the appropriate period for section 27 is a period agreed under subsection (2), the agreed period is taken to be the appropriate period for section 27.

(8) Also, the period commencing on the day an applicant is given notice under subsection (1)(a) and ending on the day the applicant gives the agency or Minister written notice confirming or altering the application following consultation does not count as part of the appropriate period for section 27.