[CAP. 496. FREEDOM OF INFORMATION 13 practice does not conform. 23. (1) Any applicant may apply to the Commissioner for a decision whether, in any specified respect (a) a request for information made by the applicant to a public authority has been dealt with in accordance with the requirements of this Act; or (b) a public authority is in compliance requirements set out in Part III. with the (2) On receiving an application under this article, the Commissioner shall make a decision unless it appears to him (a) that the applicant has not exhausted any complaints procedure which may be provided by the public authority in conformity with the code of practice issued under article 41: Provided that the Commissioner may decide on the application if in his opinion the complaints procedure provided by the public authority has not been, or is unlikely to be, concluded within a reasonable period; (b) that there has been undue delay in making the application; (c) that the application is frivolous or vexatious; or (d) that the application has been withdrawn or abandoned. (3) Where the Commissioner has received an application under this article, he shall either (a) notify the applicant that he has not made any decision under this article as a result of the application and of his grounds for not doing so; or (b) serve notice of his decision (in this Act referred to as a "decision notice") on the applicant and the public authority. (4) Where the Commissioner decides that a public authority (a) has failed to provide access to a document, or to confirm or deny the existence of a document, in a case where it is required to do so under this Act; or (b) has failed to comply with any of the other requirements of Part II in its handling of the applicant’s request for a document; or (c) has failed to comply with any of the requirements of Part III, the decision notice shall specify the steps which must be taken by the authority for complying with that requirement and the period within which they must be taken. (5) A decision notice shall contain particulars of the right of appeal conferred by article 39. (6) Where a decision notice requires steps to be taken by the Application for decision by Commissioner.