36Application for order that person not entitled to statement

36 Application for order that person not entitled to statement

(1)  If –

(a) a person (the decision maker) receives a request under section 29 from a person (the requester) for a written statement relating to a decision; and

(b) the decision maker is of the opinion that the requester is not entitled to make the request –

the decision maker may apply to the Court for an order under this section declaring that the requester was not entitled to make the request.

(2)  If the Court considers that the requester was not entitled to make the request, the Court may, by order, declare accordingly, but otherwise the Court must refuse the application.

(3)  If the Court refuses the application, the decision maker must –

(a) prepare the statement to which the request relates; and

(b) give it to the requester within 28 days after the Court's decision.