S.L. 546.1 Art. 9Application for decision by regulatory authority.

(1) Any applicant may apply to the regulatory authority for a decision with regard to any request specified hereunder where:

(a) a request for information made by the applicant to a public sector body has been refused or has not been dealt with in accordance with the requirements of the Act; or

(b) a public sector body is not in compliance with the requirements set out in these regulations.

(2) On receiving an application for a decision under this regulation, the regulatory authority shall take a decision unless it appears to it -

(a) that the applicant has not exhausted any complaints procedure which may be provided by the public sector body;

(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(d) that the application has been withdrawn or abandoned. AND RE-USE

(3) Where the regulatory authority has received an application under this regulation, it shall either -

(a) notify the applicant that it has not taken any decision under this regulation as a result of the application and of its grounds for not doing so; or

(b) serve notice of its decision on the applicant and on the public sector body.

(4) A decision notice shall contain particulars of the right of appeal.

(5) Where a decision notice requires steps to be taken by the public sector body within a specified period, the time specified in the notice shall not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, no step which is affected by the appeal need be taken pending the determination or withdrawal of the appeal.