PART 2Secretary of State requiring information from the delivery body

Notice to the delivery body

4.—(1) Where the Secretary of State requires information under regulation 3(1), the Secretary of State must give a notice (“an advice notice”) to the delivery body which sets out—

(a)the information required;

(b)the date by which the information, or parts of it, is to be provided;

(c)whether or not the delivery body must provide a written report (“a progress report”) to the Secretary of State stating the progress being made by the delivery body to comply with sub-paragraphs (a) and (b); and

(d)where a progress report is required, the date by which it is to be provided.

(2) An advice notice may—

(a)describe or refer to assumptions which the delivery body must apply when providing information;

(b)require a methodology described or referred to in the notice to be used by the delivery body when providing any of the information required by the notice;

(c)require the information to be provided in a particular form; and

(d)be withdrawn by notice by the Secretary of State to the delivery body.

(3) The delivery body must comply with an advice notice which is given to it.

(4) The Secretary of State may in writing require the delivery body to have regard to such other matters not described or referred to in the advice notice as the Secretary of State considers relevant to the provision of information set out in the notice.

(5) A written requirement under paragraph (4) must be made as soon as practicable after an advice notice is given to the delivery body.

(6) The Secretary of State and the delivery body may agree a variation of any of the matters set out in an advice notice or a written requirement made under paragraph (4).

(7) The Secretary of State must make publicly available an advice notice.

(8) So far as practicable, the Secretary of State must consult the delivery body about the intended content of—

(a)an advice notice before the notice is given; or

(b)a written requirement under paragraph (4) before the requirement is made.