Commentary on Sections Part 10: Assessment of Council’s performance or decision making. Section 209: Further provision as respects assessment of performance or decision making
This section details the arrangement for assessments of councils’ performance or decision making.  The Department is required to notify a council of its intention to carry out an assessment, and to indicate its intended scope and, where it appoints a person to carry out the assessment, it is to advise a council who the appointed person is.  The Department will have powers to determine that the scope of an assessment under section 208 may relate to a type of application, a period of time or a geographical area.  For the purposes of any assessment the Department or the appointed person may require access to any premises of a council and any documents which appear to be necessary for the purposes of the assessment.  The section allows the Department or the appointed person to require a person to give them such information as necessary and to attend in person to give the information or documents and requires a council to provide the Department or the appointed person with every facility and all information which may reasonably be required.  The Department or the appointed person must give 3 clear days notice of any requirement under this section and produce a document of identification if required to do so.