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Local Government and Housing Act 1989, Paragraph 48 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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48E+WThe following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—
“8(1)A person may require a valuation officer to give him access to such information as will enable him to establish what is the state of a list, orhas been its state at any time since it came into force, if—
(a)the officer is maintaining the list, and
(b)the list is in force or has been in force at any time in the preceding 5 years.
(2)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—
(a)the authority has deposited the copy under section 41(6B) above, and
(b)the list is in force or has been in force at any time in the preceding 5 years.
(3)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a list, or has been its state at any time since it was deposited, if—
(a)the Secretary of State has deposited the copy under section 52(6B) above, and
(b)the list is in force or has been in force at any time in the preceding 5 years.
(4)A person may require a charging authority to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—
(a)the authority has deposited the copy under section 41(6) above, and
(b)the list itself is not yet in force.
(5)A person may require the Secretary of State to give him access to such information as will enable him to establish what is the state of a copy of a proposed list if—
(a)the Secretary of State has deposited the copy under section 52(6) above,and
(b)the list itself is not yet in force.
(6)A requirement under any of the preceding provisions of this paragraph must be complied with at a reasonable time and place and without payment being sought; but the information may be in documentary or other form, as the person or authority of whom the requirement is made thinks fit.
(7)Where access is given under this paragraph to information in documentary form the person to whom access is given may—
(a)make copies of (or of extracts from) the document;
(b)require a person having custody of the document to supply to him a photographic copy of (or of extracts from) the document.
(8)Where access is given under this paragraph to information in a form which is not documentary the person to whom access is given may—
(a)make transcripts of (or of extracts from) the information;
(b)require a person having control of access to the information to supply to him a copy in documentary form of (or of extracts from) the information.
(9)If a reasonable charge is required for a facility under sub-paragraph (7)or (8) above, the sub-paragraph concerned shall not apply unless the person seeking to avail himself of the facility pays the charge.
(10)If without reasonable excuse a person having custody of a document containing, or having control of access to, information access to which is sought under this paragraph—
(a)intentionally obstructs a person in exercising a right under sub-paragraph (1), (2), (3), (4), (5), (7)(a) or (8)(a) above, or
(b)refuses to comply with a requirement under sub-paragraph (7)(b) or (8)(b) above,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
9(1)A person may, at a reasonable time and without making payment, inspect any proposal made or notice of appeal given under regulations made under section 55 above, if made or given as regards a list which is in force when inspection is sought or has been in force at any time in the preceding 5 years.
(2)A person may—
(a)make copies of (or of extracts from) a document mentioned in sub-paragraph (1) above, or
(b)require a person having custody of such a document to supply to him a photographic copy of (or of extracts from) the document.
(3)If a reasonable charge is required for a facility under sub-paragraph (2) above, the sub-paragraph shall not apply unless the person seeking to avail himself of the facility pays the charge.
(4)If without reasonable excuse a person having custody of a document mentioned in sub-paragraph (1) above—
(a)intentionally obstructs a person in exercising a right under sub-paragraph (1) or (2)(a) above, or
(b)refuses to supply a copy to a person entitled to it under sub-paragraph (2)(b) above,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.”
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