30Decision maker must comply with request except in certain circumstances

30 Decision maker must comply with request except in certain circumstances

(1)  Subject to this section, a person to whom a request is made under section 29 (the decision maker) must, as soon as practicable, and, in any event, within 28 days after receiving the request, provide the statement to the person who made the request (the requester).

(2)  If the decision maker is of the opinion that the requester was not entitled to make the request, the decision maker may, within 28 days after receiving the request –

(a) give to the requester written notice of the decision maker's opinion; or

(b) apply to the Court under section 36 for an order declaring that the requester was not entitled to make the request.

(3)  If the decision maker gives a notice under subsection (2) or applies to the Court under section 36 , the decision maker is not required to comply with the request unless –

(a) the Court, on an application under section 35 , orders the decision maker to give the statement; or

(b) the decision maker has applied to the Court under section 36 for an order declaring that the requester was not entitled to make the request and the Court refuses the application.

(4)  The decision maker may refuse to prepare and give 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 given to the requester, the relevant request was not made within 28 days after the day on which the document was given; or

(b) in any other case, the relevant request was not made within a reasonable time after the decision was made.

(5)  If subsection (4)(a) or (b) applies to the decision maker, the decision maker must give to the requester, within 14 days after receiving the relevant request, written notice stating –