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.