(b)
a person who has received a notice under sub-section (3),make an order
declaring that the person who made the request concerned was, or was not, entitled to make
the request.
(5)
A person to whom a request for a statement in relation to a decision is made under sub-
section (l) may refuse to prepare and furnish the statement if:
(a)
in the case of a decision the terms of which were recorded in writing and set out
in a document that was furnished to the person who made the request – the request was not
made on or before the twenty-eighth day after the day on which that document was so
furnished; or
(b)
in any other case – the request was not made within a reasonable time after the
decision was made,
and in any such case the person to whom the request was made shall give to the person who
made the request, within 14 days after receiving the request, notice in writing stating that the
statement will not be furnished to him and giving the reason why the statement will not be so
furnished.
(6)
For the purposes of paragraph (5)(b), a request for a statement in relation to a decision
shall be deemed to have been made within a reasonable time after the decision was made if the
Court, on application by the person who made the request, declares that the request was
made within a reasonable time after the decision was made.
(7)
If the Court, upon application for an order under this sub-section made to it by a person
to whom a statement has been furnished in pursuance of a request under sub-section (1),
considers that the statement does not contain adequate particulars of findings on material
questions of fact, an adequate reference to the evidence or other material on which those
findings were based or adequate particulars of the reasons for the decision, the Court may
order the person who furnished the statement to furnish to the person who made the request
for
the statement, within such time as is specified in the order, an additional statement or
additional statements containing further and better particulars in relation to matters specified in
the order with respect to those findings, that evidence or other material or those reasons.
(8)
The regulations may declare a class or classes of decisions to be decisions that are not
decisions to which this section applies.
(9)
Regulations made under sub-section (8) may specify a class of decisions in any way,
whether by reference to the nature or subject matter of the decisions, by reference to the
enactment or provision of an enactment under which they are made, by reference to the holder
of the office by whom they are made, or otherwise.
(10) A regulation made under sub-section (8) applies only in relation to decisions made after
the regulation takes effect.
(11)
In this section, “decision to which this section applies” means a decision that is a
decision to which this Act applies, but does not include –
(a)
a decision in relation to which section 28 of the Administrative Appeals
Tribunal Act 1975 applies;
 |
 |
 |