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Version Superseded: 01/10/1992
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(1)Subject to the provisions of this section, where—
(a)any such tribunal as is specified in Schedule 1 to this Act gives any decision; or
(b)any Minister notifies any decision taken by him after the holding by him or on his behalf of a statutory inquiry, or taken by him in a case in which a person concerned could (whether by objecting or otherwise) have required the holding as aforesaid of a statutory inquiry,
it shall be the duty of the tribunal or Minister to furnish a statement, either written or oral, of the reasons for the decision if requested, on or before the giving or notification of the decision, to state the reasons.
(2)The said statement may be refused, or the specification of the reasons restricted, on grounds of national security, and the tribunal or Minister may refuse to furnish the statement to a person not primarily concerned with the decision if of opinion that to furnish it would be contrary to the interests of any person primarily concerned.
(3)Subsection (1) of this section shall not apply to any decision taken by a Minister after the holding by him or on his behalf of any inquiry or hearing which is a statutory inquiry by virtue only of an order made under section 19(2) of this Act unless the order contains a direction that this section is to apply in relation to any inquiry or hearing to which the order applies.
(4)Subsection (1) of this section shall not apply to decisions in respect of which any statutory provision has effect, apart from this section, as to the giving of reasons, or to decisions of a Minister in connection with the preparation, making approval, confirmation, or concurrence in regulations, rules, or byelaws, or orders or schemes of a legislative and not executive character.
(5)Any statement of the reasons for such a decision as is mentioned in paragraph (a) or (b) of subsection (1) of this section, whether given in pursuance of that subsection or of any other statutory provision, shall be taken to form part of the decision and accordingly to be incorporated in the record.
(6)If, after consultation with the Council, it appears to the Lord Chancellor and [F1the Lord Advocate] that it is expedient that decisions of any particular tribunal or any description of such decisions, or any description of decisions of a Minister, should be excluded from the operation of subsection (1) of this section on the ground that the subject-matter of such decisions, or the circumstances in which they are made, make the giving of reasons unnecessary or impracticable, the Lord Chancellor and [F1the Lord Advocate] may by order direct that subsection (1) of this section shall not apply to such decisions.
Textual Amendments
F1Words substituted by S.I. 1972/2002, art. 3(3)(c)
Modifications etc. (not altering text)
C1S. 12 applied by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 84, 94, 99, Sch. 11 para. 21, Sch. 13 para. 3
C2S. 12(1) applied by S.I. 1975/1379, art. 4
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