ch3600c11a
02-12-00 01:17:23
ACT
Freedom of Information Act 2000
Unit: PAG1
Rev RA Proof, 29.11.2000
c. 36
31
Part IV
(a) a statement of the requirement or requirements of Part I with
which the Commissioner is satisfied that the public authority
has failed to comply and his reasons for reaching that
conclusion, and
(b) particulars of the right of appeal conferred by section 57.
(3) An enforcement notice must not require any of the provisions of
the notice to be complied with before the end of the period within which
an appeal can be brought against the notice and, if such an appeal is
brought, the notice need not be complied with pending the determination
or withdrawal of the appeal.
(4) The Commissioner may cancel an enforcement notice by written
notice to the authority on which it was served.
(5) This section has effect subject to section 53.
53.—(1) This section applies to a decision notice or enforcement notice
which—
(a) is served on—
(i) a government department,
(ii) the National Assembly for Wales, or
(iii) any public authority designated for the purposes of
this section by an order made by the Secretary of State, and
(b) relates to a failure, in respect of one or more requests for
information—
(i) to comply with section 1(1)(a) in respect of information
which falls within any provision of Part II stating that the
duty to confirm or deny does not arise, or
(ii) to comply with section 1(1)(b) in respect of exempt
information.
(2) A decision notice or enforcement notice to which this section
applies shall cease to have effect if, not later than the twentieth working
day following the effective date, the accountable person in relation to that
authority gives the Commissioner a certificate signed by him stating that
he has on reasonable grounds formed the opinion that, in respect of the
request or requests concerned, there was no failure falling within
subsection (1)(b).
(3) Where the accountable person gives a certificate to the
Commissioner under subsection (2) he shall as soon as practicable
thereafter lay a copy of the certificate before—
(a) each House of Parliament,
(b) the Northern Ireland Assembly, in any case where the certificate
relates to a decision notice or enforcement notice which has
been served on a Northern Ireland department or any Northern
Ireland public authority, or
(c) the National Assembly for Wales, in any case where the
certificate relates to a decision notice or enforcement notice
which has been served on the National Assembly for Wales or
any Welsh public authority.
(4) In subsection (2) “the effective date”, in relation to a decision notice
or enforcement notice, means—
Exception from
duty to comply
with decision
notice or
enforcement
notice.
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