OpenLegislation

Regulation 3 An authority’s duties as to access

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of these Regulations, where a tenant requires an authority in writing to inform him whether that authority holds relevant information of which he is, or under the Act is treated as, the subject, that authority shall within 40 days of receiving that requirement, or within 40 days of the giving of the consent referred to in regulation 4(1)(a)—

(a)

inform the tenant in writing whether the authority holds such information, and

(b)

if so, then unless the authority otherwise gives the tenant access to such information within that period and the tenant informs the authority that he does not want a copy of it, comply with regulation 5.

(2)

The authority’s duties under sub-paragraphs (a) and (b) of paragraph (1) arise only where—

(a)

the tenant has paid any fee charged by the authority in accordance with paragraph (4), and

(b)

the tenant has supplied information reasonably required to establish his identity (or the identity of any relevant member of his family) and to locate the information sought,

and, where sub-paragraphs (a) and (b) of this paragraph are not satisfied at the time of the written requirement referred to in paragraph (1), the time limit referred to in that paragraph runs from the date on which they are satisfied.

(3)

The authority’s duties under paragraph (1) apply to any relevant information held by the authority at the date of the written requirement, but the authority may supply information taking account of any correction or erasure made between that time and the time when the information is supplied if that correction or erasure would have been made regardless of the receipt of the requirement.

(4)

The authority may charge a fee not exceeding £10 to a tenant making a requirement under paragraph (1) and no separate fee shall be charged for giving access to that information under sub-paragraph (b) of paragraph (1).