Regulation 11 Enforcement and appeals in relation to public access

section 50 (application for decision by F1Commission);

section 51 (information notices);

section 52 (enforcement notices);

section 54 (failure to comply with notice);

section 55 and Schedule 3 (powers of entry and inspection);

section 56 (no action against public authority);

section 57 (appeal against notices served under Part IV);

section 58 (determination of appeals);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 61 (appeal proceedings).

after each reference to “public authority” or “authority”, insert “or third party”;

any reference to “public authority” or “authority” is a reference to a public authority as defined in these Regulations; and

any reference to “third party” is a reference to a third party as defined in these Regulations.

in subsection (1), for “a request for information” to the end, substitute “a public authority or a third party has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009.”;

for paragraph (a) of subsection (2) substitute—

“(a)

that the complainant has not exhausted the complaints procedure provided by the public authority or third party under regulation 13 of the INSPIRE Regulations 2009,”;

for subsection (4) substitute—

“(4)

Where the F4Commission decides that a public authority or a third party has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009, the decision notice must specify the steps which must be taken by the authority or third party for rectifying the incompatibility, and the period within which they must be taken.”; and

omit subsection (7).

in subsection (1)—

in paragraph (b)(i) of subsection (2), for “either of the purposes” substitute “the purpose”.

for subsection (1) substitute—

“(1)

If the F5Commission is satisfied that a public authority or a third party has acted in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009, the Commission may serve the authority or third party with a notice (in this Act referred to as “an enforcement notice”) requiring the authority or third party to take, within such time as may be specified in the notice, such steps as may be so specified to rectify that incompatibility.”;

for subsection (2)(a) substitute—

“(a)

a statement of the provision of the INSPIRE Regulations 2009 with which the F6Commission is satisfied that the public authority or third party’s actions are not compatible and F7the reasons for reaching that conclusion, and”; and

omit subsection (5).

for sub-paragraph (1) of paragraph 1 (issue of warrants) substitute—

“(1)

If a circuit judge or a District Judge (Magistrates’ Courts) is satisfied by information on oath supplied by the F8chair of the Commission or another person authorised for the purpose by the Commission that there are reasonable grounds for suspecting that a public authority or a third party—

(a)

has acted or is acting in a way which is not compatible with regulation 7(4)(c) or 9 of the INSPIRE Regulations 2009,

(b)

has failed or is failing to comply with so much of a decision notice as requires steps to be taken, or

(c)

has failed or is failing to comply with an information notice or an enforcement notice,

and that evidence of such actions or such a failure to comply is to be found on any premises specified in the information, the circuit judge or District Judge may, subject to paragraph 2, grant a warrant to the F9Commission.”; and

in paragraph 8 (matters exempt from inspection and seizure), for “information which is exempt information by virtue of section 23(1) or 24(1)” (bodies and information relating to national security) substitute “information to which public access may be limited under regulation 9(5)(a) of the INSPIRE Regulations 2009 on the ground that such access would adversely affect national security”.