(1)  A decision-maker may refuse to prepare and provide a statement of reasons requested by a person under this Division if –

(a) the decision-maker is of the opinion that the person is not entitled to be given the statement; or

(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person, the request was not made within 28 days after the person was provided with the document; or

(c) in any other case, the request was not made within a reasonable time after the decision was made.

(2)  A decision-maker who refuses under subsection (1) to prepare and provide a statement of reasons must notify the person requesting the statement, in writing, of the decision-maker's refusal and the reasons for the refusal as soon as practicable (and in any event within 28 days) after the request.

(3)  A decision-maker is not to refuse to prepare and provide a statement of reasons if –

(a) in the case of a refusal based on subsection (1)(a) , the Court declares, on an application made under section 15(1) , that the person who made the request was entitled to make the request; or

(b) in the case of a refusal based on subsection (1)(c) , the Court declares, on an application made under section 15(2) , that the person who made the request did so within a reasonable time.

(4)  If a decision-maker cannot refuse to comply with a request for a statement of reasons because of a decision of the Court referred to in subsection (3) , the decision-maker must prepare the written statement of reasons that was originally requested and provide it to the person who requested it as soon as practicable (and in any event within 28 days) after the Court's decision.