Subsidy Control Act 2022
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Change 1
76 Duty 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).
76 Duty 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).
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