14 Accessibility statements: enforcement

(1) The Secretary of State may undertake an assessment as to whether a public sector body has complied with regulation 8.

(2) As part of an assessment, the Secretary of State may by notice require a public sector body to provide information to the Secretary of State for the purpose of demonstrating compliance with regulation 8.

(3) A public sector body that receives a notice under this regulation must provide such information within a period of 28 days beginning on the date of the notice.

(4) A notice under this regulation must not oblige a public sector body to give information that it is prohibited from disclosing by virtue of an enactment.

(5) Paragraph (6) applies where the Secretary of State sends a public sector body a notice under paragraph (2) and—

(a) the Secretary of State considers that the public sector body’s response does not demonstrate compliance with regulation 8; or

(b) the public sector body does not respond at all, within a period of 28 days beginning on the date of the notice.

(6) The Secretary of State must make a determination that the public sector body has failed to demonstrate compliance with regulation 8, and notify the public sector body of the determination.

(7) A public sector body that receives a determination made under paragraph (6) and disagrees with it may request a review.

(8) Any request for a review must—

(a) be in writing;

(b) state the reason for the request for a review; and

(c) be made within a period of 28 days beginning on the date of the determination.

(9) The Secretary of State must consider a request for a review, made in accordance with paragraphs (7) and (8), within a reasonable period of time.

(10) If, following a request for a review, the Secretary of State determines that the public sector body has complied with regulation 8, the Secretary of State must set aside the determination made under paragraph (6), and notify the public sector body.

(11) The Secretary of State may uphold the determination made under paragraph (6) if—

(a) the public sector body does not request a review in the form specified in paragraph (8);

(b) the public sector body does not request a review at all; or

(c) the Secretary of State has considered the request for a review and is not satisfied that the public sector body has complied with regulation 8.

(12) If the determination has been upheld pursuant to paragraph (11), the Secretary of State must publish the name of the public sector body and the determination of the Secretary of State electronically, and notify the public sector body.