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 (5) The Minister may, by writing under his hand, extend, in respect of an agency, the time specified in paragraph (2) (b) or sub-section (3) where he is satisfied, after consulting the responsible Minister of the agency, that it is reasonable to extend the time by reason of special circumstances applicable to the agency.

(6) Where the Minister is satisfied, after consulting the responsible Minister of the agency concerned, that the form or nature of the documents to which this section applies in respect of an agency that are in existence at the commencement of this Part, or of some of those documents, is such that complete compliance with this section in respect of those documents would impose on the agency such a workload as would unreasonably divert its resources from its other operations, the first-mentioned Minister may, by writing under his hand, direct that the application of this section in respect of the agency is to be subject to such modifications as he specifies, being modifications that, in his opinion, are reasonably required by reason of the circumstances referred to in this sub-section.

(7) The report of the Minister under section 93 in respect of a year shall include—


 * (a) particulars of any extensions of time made, or directions given, under this section by the Minister during that year; and


 * (b) a statement concerning compliance by agencies with the requirements of this section during that year.

(8) Notwithstanding the fact that statements of the kind referred to in subsection (2) (b) in relation to documents of an agency are not required to be published at more frequent intervals than once in each year, the principal officer of the agency shall take all reasonable steps to ensure that in any case where a person is seeking to inspect or to purchase a document or documents of a particular kind, being a document of a kind or documents of kinds to which this section applies, the attention of that person will be drawn to any document of that agency of that kind that has become a document to which this section applies since that statement was so published.

(9) Sub-sections (2) and (3) apply in relation to an agency that comes into existence after the commencement of this Part as if the references in those subsections to the commencement of this Part were references to the day on which the agency comes into existence.

Unpublished documents not to prejudice public

10. (1) If a document required to be made available in accordance with section 9, being a document containing a rule, guideline or practice relating to a function of an agency, was not made available, or was not included in a statement in the Gazette, as referred to in that section, before the time at which a person did, or omitted to do, any act or thing relevant to the performance of that function in relation to him (whether or not the time allowed for publication of a statement in respect of the document had expired before that time), that