Section 108A(9)

An application under subsection (8) above— relating to a failure to comply with the requirements of subsection (1) or (3) above may be made only by a person who is entitled to make a request under subsection (1) above; relating to a failure to comply with subsection (5) above may be made only by a person who had possession or control of the documents immediately before they were removed.

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Source: legislation.gov.uk · retrieved 2026-07-30