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Letchworth Garden City Heritage Foundation Act 1995

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10(1)Whenever the Letchworth Commissioner reports that injustice has been caused to a person aggrieved in consequence of maladministration it shall be the duty of the Heritage Foundation to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Letchworth Commissioner may agree in writing, to notify the Letchworth Commissioner of the action which the Heritage Foundation have taken or propose to take.

(2)If the Letchworth Commissioner—

(a)does not receive the notification required by sub-paragraph (1) above within the period allowed by or under that sub-paragraph, or

(b)is not satisfied with the action which the Heritage Foundation have taken or propose to take, or

(c)does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Letchworth Commissioner may agree in writing, receive confirmation from the Heritage Foundation that they have taken action, as proposed, to the satisfaction of the Letchworth Commissioner,

he shall make a further report setting out those facts and making recommendations.

(3)Those recommendations are such recommendations as the Letchworth Commissioner thinks fit to make with respect to action which, in his opinion, the Heritage Foundation should take to remedy the injustice to the person aggrieved and to prevent similar injustice being caused in the future.

(4)Paragraph 9 above, with any necessary modifications, and sub-paragraph (1) above shall apply to a report under sub-paragraph (2) above as they apply to a report under that paragraph.

(5)If the Letchworth Commissioner—

(a)does not receive the notification required by sub-paragraph (1) above (as applied by sub-paragraph (4) above) within the period allowed by or under that sub-paragraph or is satisfied before the period allowed by that sub-paragraph has expired that the Heritage Foundation have decided to take no action, or

(b)is not satisfied with the action which the Heritage Foundation have taken or propose to take, or

(c)does not within a period of three months beginning with the end of the period allowed by or under sub-paragraph (1) above (as applied by sub-paragraph (4) above) or such longer period as the Letchworth Commissioner may agree in writing, receive confirmation from the Heritage Foundation that they have taken action, as proposed, to the satisfaction of the Letchworth Commissioner,

he may, by notice to the Heritage Foundation, require them to arrange for a statement to be published in accordance with sub-paragraphs (6) and (7) below.

(6)The statement referred to in sub-paragraph (5) above is a statement, in such form as the Heritage Foundation and the Letchworth Commissioner may agree, consisting of—

(a)details of any action recommended by the Letchworth Commissioner in his further report which the Heritage Foundation have not taken;

(b)such supporting material as the Letchworth Commissioner may require; and

(c)if the Heritage Foundation so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.

(7)The requirements for the publication of the statement are that—

(a)publication shall be in any two editions within a fortnight of a newspaper circulating in the area of Letchworth Garden City agreed with the Letchworth Commissioner or, in default of agreement, nominated by him; and

(b)publication in the first such edition shall be arranged for the earliest practicable date.

(8)If the Heritage Foundation—

(a)fail to arrange for the publication of the statement in accordance with sub-paragraphs (6) and (7) above, or

(b)are unable, within the period of one month beginning with the date on which they received the notice under sub-paragraph (5) above, or such longer period as the Letchworth Commissioner may agree in writing, to agree with the Letchworth Commissioner the form of the statement to be published,

the Letchworth Commissioner shall arrange for such a statement as is mentioned in sub-paragraph (6) above to be published in any two editions within a fortnight of a newspaper circulating within Letchworth Garden City.

(9)The Heritage Foundation shall reimburse the Letchworth Commissioner any reasonable expenses incurred by him in performing his duty under sub-paragraph (8) above.

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