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Local Government Act 1988

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20 Duty of public authorities to give reasons for certain decisions within section 17.E+W+S

(1)Where a public authority exercises a function regulated by section 17 above by making, in relation to any person, a decision to which this section applies, it shall be the duty of the authority forthwith to notify that person of the decision and, if that person so requests in writing within the period of 15 days beginning with the date of the notice, to furnish him with a written statement of the reasons for the decision.

(2)This section applies to the following decisions in relation to any person, namely—

(a)in relation to an approved list, a decision to exclude him from the list,

(b)in relation to a proposed public supply or works contract—

(i)where he has asked to be invited to tender for the contract, a decision not to invite him to tender,

(ii)a decision not to accept the submission by him of a tender for the contract,

(iii)where he has submitted a tender for the contract, a decision not to enter into the contract with him, or

(iv)a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(c)in relation to a subsisting public supply or works contract with him—

(i)a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or

(ii)a decision to terminate the contract.

(3)A statement of reasons under subsection (1) above shall be sent to the person requesting it within the period of 15 days beginning with the date of the request.

(4)The Secretary of State may by order amend subsection (1) or (3) above so as to substitute for the period specified in that subsection such other period as he thinks fit and such an order may make different amendments of subsections (1) and (3).

(5)The power to make an order under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Expressions used in this section and section 17 above have the same meaning in this section as in that section.

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