[F1F219A Notice for purpose of getting information.S
(1) If it appears to the Secretary of State that a local authority or development body have carried out or undertaken construction or maintenance work [F3, or have decided to do so, in a case in which the carrying out or undertaking of that work has been or (if effect is given to the proposals to which the decision relates) will be]] —
(a)under a contract [F4into which that authority have entered] in contravention of section 7 above,
(b)in circumstances where any provision of section 9(2) to (7) above has not been complied with as regards the work,
(c)in circumstances where section 10 above has not been complied with as regards the work,
(d)in circumstances where the provisions of section 12(1) above or of directions under section 12(5) above have not been complied with as regards any account kept in respect of the work,
(e)in circumstances where section 13 above has not been complied with as regards the preparation or contents of the documents required by that section for the financial year in which the work is undertaken,
(f)in circumstances where any provision of section 16 F5. . . above has not been complied with as regards work of the description concerned, or
(g)in circumstances where any provision of section 18(1) to (2A) above has not been complied with as regards the financial year in which the work is undertaken,
he may serve on the authority or body a written notice falling within subsection (2) below.
(2)The notice is one which—
(a)informs the authority or body that it appears to him that they have acted as mentioned in one of the paragraphs (identified in the notice) of subsection (1) above,
(b)identifies the work concerned and states why it so appears, and
(c)contains the requirement mentioned in subsection (3) below.
(3)The requirement is that the authority or body submit to him within such time as is specified in the notice a written response which—
(a)states that they have not acted as mentioned in the paragraph concerned of subsection (1) above and justifies the statement, or
(b)states that they have acted as so mentioned and gives reasons why he should give a direction under section 19B below.
(4)The Secretary of State may serve on an authority or body different notices under this section identifying the same work, whether they identify the same paragraph or different paragraphs of subsection (1) above.
Textual Amendments
F1Pt. III (ss. 5-23) repealed (E.W.) (27.7.1999 with effect as mentioned in s. 21(1)(a)) by 1999 c. 27, s. 34, Sch. 2(1), Note
F2Ss. 19A, 19B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 32, Sch. 6 para. 9
F3Words in s. 19A(1) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 6(a); S.I. 1992/3241, art. 2.
F4Words in s. 19A(1)(a) substituted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1 para. 6(b); S.I. 1992/3241, art. 2.
F5Words in s. 19A(1)(f) repealed (8.8.1996) by Local Government Act 1992 (c. 19), s. 29, Sch. 4 Pt. I; S.I. 1996/1888, art. 2
Modifications etc. (not altering text)
C1S. 19A applied (9.1.1995) by S.I. 1994/3167, regs. 4, 6(1)
C2S. 19A(4) applied (9.1.1995) by S.I. 1994/3167, reg. 8(3)