Part IV
- (a) a statement of the requirement or requirements of Part I with which the Commissioner is satisfied that the public authority has failed to comply and his reasons for reaching that conclusion, and
- (b) particulars of the right of appeal conferred by section 57.
(3) An enforcement notice must not require any of the provisions of the notice to be complied with before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the notice need not be complied with pending the determination or withdrawal of the appeal.
(4) The Commissioner may cancel an enforcement notice by written notice to the authority on which it was served.
(5) This section has effect subject to section 53.
Exception from duty to comply with decision notice or enforcement notice. 53.—(1) This section applies to a decision notice or enforcement notice which—
- (a) is served on—
- (i) a government department,
- (ii) the National Assembly for Wales, or
- (iii) any public authority designated for the purposes of this section by an order made by the Secretary of State, and
- (b) relates to a failure, in respect of one or more requests for information—
- (i) to comply with section 1(1)(a) in respect of information which falls within any provision of Part II stating that the duty to confirm or deny does not arise, or
- (ii) to comply with section 1(1)(b) in respect of exempt information.
(2) A decision notice or enforcement notice to which this section applies shall cease to have effect if, not later than the twentieth working day following the effective date, the accountable person in relation to that authority gives the Commissioner a certificate signed by him stating that he has on reasonable grounds formed the opinion that, in respect of the request or requests concerned, there was no failure falling within subsection (1)(b).
(3) Where the accountable person gives a certificate to the Commissioner under subsection (2) he shall as soon as practicable thereafter lay a copy of the certificate before—
- (a) each House of Parliament,
- (b) the Northern Ireland Assembly, in any case where the certificate relates to a decision notice or enforcement notice which has been served on a Northern Ireland department or any Northern Ireland public authority, or
- (c) the National Assembly for Wales, in any case where the certificate relates to a decision notice or enforcement notice which has been served on the National Assembly for Wales or any Welsh public authority.
