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Official Information
(2)
Where a recommendation is made under section 33(1) of this Act to
a Minister of the Crown, a public duty to observe that recommendation shall be imposed
on that Minister from the commencement of the twenty-first working day after the day on
which that recommendation is made to that Minister unless, before that day, the Queen’s
Representative by Order in Council, otherwise directs.
(3)
As soon as practicable after an Order in Executive Council is made
under this section, the Minister who recommended the making of that Order in Council
shall give a copy of that Order to the Ombudsman who made the recommendation.
(4)
Nothing in this section prevents effect being given to any interim
order made by the High Court or to any declaration contained in any such interim order.
36.
Requirements in relation to Order in Executive Council - (1) Every Order
in Executive Council made under section 35 of this Act shall forthwith after it is made be
published in the Gazette and shall be laid before Parliament as soon as practicable after it is
made.
(2)
Every Order in Executive Council made under section 35 of this Act
shall set out the reasons for which it is made and the grounds in support of those reasons.
(3)
An Order in Executive Council made under section 35 of this Act in
relation to a recommendation made under section 33(1) of this Act may be made for all or
any of the reasons for the decision reviewed by the Ombudsman (being reasons that were
before the Ombudsman when the recommendation was made) but for no other reasons.
Right of review - (1) Where –
(a)
a recommendation is made under section 33(1) of this Act in
respect of a request made under section 11 of this Act; and
(b)
an Order in Executive Council is made under section 35 of
this Act in respect of that recommendation,
the person who made that request may within 21 days of the publication of the Order in the
Gazette apply to the High Court for a review of the making of that Order in Executive
Council.
(2)
An application under subsection (1) of this section may be made
only on the ground that the Order in Executive Council was beyond the powers conferred
by sections 35 and 36 of this Act or was otherwise wrong in law.
(3)
On an application under subsection (1) of this section, the High
Court may –
(a)
make an order confirming that the Order in Council laws
were validly made; or
(b)
make an order declaring that the making of the Order in
Council was beyond the powers conferred by sections 35 and
36 of this Act or was otherwise wrong in law.
37.
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