PART 5Enforcement
Pre-action information
I1I276Duty to provide pre-action information
1
An interested party may make a request to a public authority for information about a subsidy, or subsidy scheme, that the authority has given or made.
2
A request under subsection (1)—
a
must be made in writing, and
b
must state that it is being made only for the purpose of deciding whether to apply for a review of a subsidy decision under section 70, on the ground that the decision did not comply with a requirement of Chapter 1 or 2 of Part 2.
3
Where a public authority receives a request under subsection (1), the authority must provide such information as would enable, or assist in, the making of a determination as to whether the subsidy was given, or the scheme was made, in accordance with the requirements of Chapters 1 and 2 of Part 2.
4
The information must be provided by the public authority—
a
in writing, and
b
within 28 days of receiving the request for information.
5
In providing information, a public authority may impose such restrictions as it considers proportionate in order to protect—
a
commercially sensitive information,
b
confidential information,
c
information subject to legal privilege, or
d
information, the disclosure of which would be contrary to the public interest.
6
Information provided in response to a request made under this section may be used only—
a
for the purpose for which it was requested, and
b
in accordance with any restrictions imposed by the public authority under subsection (5).