Freedom of Information (b) the Secretary of the Commission disallows the late lodging of the appeal, the Secretary shall give notice of that decision to the appellant. (3) An appeal against the refusal of a request for access to information shall be accompanied by the prescribed fee, if any and if a fee is payable, the decision on the appeal may be deferred until such fee is paid. 5 (4) As soon as reasonably possible, but in any event within ten working days of the date of the lodging of an appeal, an information officer shall submit to the Secretary of the Commission the application for access to information together with the officer’s reasons for refusing access. (5) The Commission shall prescribe expedited procedures for the hearing of appeals made in the circumstances referred to in section 8(10). 37 10 Notice to and representations by third parties (1) If the Secretary is considering an appeal against the refusal of a request for access to information which affects any third party, the Secretary shall notify any such third party concerned of the appeal unless all necessary steps to locate the third party have been unsuccessful. (2) The Secretary shall notify a third party in terms of subsection (1)— (a) as soon as reasonably possible, but in any event within ten working days of the date of the lodging of the appeal; and (b) by the fastest means reasonably possible. (3) When notifying a third party in terms of this section, the Secretary shall— (a) state that he or she is considering an appeal against the refusal of a request for access to information which affects the third party, describe the content of the record and nature of the information and the provisions of this Act relevant to the information concerned; and (b) furnish the name of the appellant; and (c) in any case where the principal officer of an entity believes that the provisions of section 32 may apply, describe those provisions and state the reasons why he or she is of the opinion that the section may apply; and (d) state that the third party may, within ten working days of the date of the notification of the third party, make written representations to the Secretary as to why the request for access should not be granted. (4) A third party that is notified of an appeal in terms of subsection (1) may, within ten working days of the date of the notification, make written representations to the Secretary as to why the request for access should not be granted. (5) A third party that becomes aware of an appeal otherwise than in terms of subsection (1) may— (a) make written or oral representations to the Secretary as to why the request for access should be refused; or (b) give written consent for the disclosure of the information to the applicant concerned. (6) If the Secretary is considering an appeal against the granting of a request for access to information, he or she shall give notice of the appeal to the applicant concerned. 22 15 20 25 30 35 40 45