7Power to decline to act until information provided(1)

The 1993 Act is modified as follows.

(2)

In section 40 (obtaining of information by Commission)—

(a)

for subsection (3) substitute—(3)

Where a requirement is imposed on a person under subsection (1), the Commission may decline to do anything in relation to any application made under this Act in which the relevant person has an interest (whether the requirement imposed relates to the application or otherwise) until the Commission are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.

(3A)

Subsection (3) has effect—

(a)

despite any duty imposed on the Commission under this Act to do anything in relation to an application made to them before the end of a specified period, and

(b)

the period is to be treated as beginning on the occurrence of the Commission becoming satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.

(b)

after subsection (4), insert—(4A)

Where a requirement is imposed on a person under subsection (1) and the Commission decline to do anything in relation to an application by virtue of subsection (3)—

(a)

the Commission must (as soon as reasonably practicable) notify the applicant of their decision to decline to do anything with the application (and the reason for that decision),

(b)

section 52A applies as if the decision to decline to do anything with the application were a decision of the Commission on an application to them under this Act.

(3)

In section 40A(6) (annual notices)—

(a)

for “Subsection (2) of section 40 applies” substitute “Subsections (2), (3) and (4A) of section 40 apply”,

(b)

for “it applies” substitute “they apply”.