Part 1Records management plans

I17Action notices

1

This section applies where the Keeper considers that an authority—

a

has failed or is failing to comply with its records management plan, or

b

otherwise has failed or is failing to comply with any duty imposed on the authority by or under this Part.

2

The Keeper may issue to the authority a notice (an “action notice”)—

a

specifying the details of the alleged failure, and

b

requiring the authority to take specified action by a specified date.

3

Where the Keeper is considering issuing an action notice to an authority, before deciding whether to do so, the Keeper must—

a

notify the authority—

i

that the Keeper is considering issuing an action notice, and

ii

of the reasons for doing so,

b

give the authority an opportunity to make representations, and

c

have regard to any representations made by the authority.

4

In subsection (2)(b), “specified” means specified in the action notice.

5

If the authority fails to comply with any of the requirements of the action notice, the Keeper may take such steps as the Keeper considers appropriate to publicise the failure.