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The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992

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This is the original version (as it was originally made).

Duty of councils to give reasons for certain decisions within Article 19

22.—(1) Where a council exercises a function regulated by Article 19 by making, in relation to any person, a decision to which this Article applies, the council shall forthwith notify that person of the decision and, if that person so requests in writing within 15 days from the date of the notice, furnish him with a written statement of the reasons for the decision within 15 days from the date of the request.

(2) This Article applies to the following decisions in relation to any person, namely—

(a)in relation to an approved list, a decision to exclude him from the list,

(b)in relation to a proposed public supply or works contract—

(i)where he has asked to be invited to tender for the contract, a decision not to invite him to tender,

(ii)a decision not to accept the submission by him of a tender for the contract,

(iii)where he has submitted a tender for the contract, a decision not to enter into the contract with him, or

(iv)a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(c)in relation to a subsisting public supply or works contract with him—

(i)a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(ii)a decision to terminate the contract.

(3) The Department may by order subject to negative resolution amend paragraph (1) so as to substitute for any period specified in that paragraph such other period as the Department thinks fit.

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