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13.—(1) The Minister for the Cabinet Office may undertake an assessment as to whether a public sector body has complied with regulation 7.
(2) As part of an assessment, the Minister for the Cabinet Office may by notice require a public sector body to provide information to the Minister for the Cabinet Office for the purpose of demonstrating compliance with regulation 7.
(3) A public sector body that receives a notice under this regulation must provide such information within a period of 28 days beginning on the date of the notice.
(4) A notice under this regulation must not oblige a public sector body to give information that it is prohibited from disclosing by virtue of an enactment.
(5) Paragraph (6) applies where the Minister for the Cabinet Office sends a public sector body a notice under paragraph (2) and—
(a)the Minister for the Cabinet Office considers that the public sector body’s response does not demonstrate compliance with regulation 7; or
(b)the public sector body does not respond at all, within a period of 28 days beginning on the date of the notice.
(6) The Minister for the Cabinet Office must make a determination that the public sector body has failed to demonstrate compliance with regulation 7, and notify the public sector body of the determination.
(7) A public sector body that receives a determination made under paragraph (6) and disagrees with it may request a review.
(8) Any request for a review must—
(a)be in writing;
(b)state the reason for the request for a review; and
(c)be made within a period of 28 days beginning on the date of the determination.
(9) The Minister for the Cabinet Office must consider a request for a review, made in accordance with paragraphs (7) and (8), within a reasonable period of time.
(10) If, following a request for a review, the Minister for the Cabinet Office determines that the public sector body has complied with regulation 7, the Minister for the Cabinet Office must set aside the determination made under paragraph (6), and notify the public sector body.
(11) The Minister for the Cabinet Office may uphold the determination made under paragraph (6) if—
(a)a public sector body does not request a review in the form specified in paragraph (8);
(b)a public sector body does not request a review at all; or
(c)the Minister for the Cabinet Office has considered the request for a review and is not satisfied that the public sector body has complied with regulation 7.
(12) If the determination has been upheld pursuant to paragraph (11), the Minister for the Cabinet Office must publish the name of the public sector body and the determination of the Minister for the Cabinet Office electronically, and notify the public sector body.
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