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Regulatory Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

Compliance and enforcement

3Regulations under section 1: compliance and enforcement

(1)A regulator to which regulations under section 1 apply must comply with the regulations except to the extent that—

(a)the regulator lacks the powers necessary to comply, or

(b)the regulations impose on the regulator a requirement that conflicts with any other obligation imposed on the regulator by or under an enactment.

(2)Where a regulator fails to comply with the regulations, the Scottish Ministers may—

(a)declare the regulator to have so failed, and

(b)direct the regulator to take such steps to remedy the failure as are specified in the direction within such reasonable period as may be so specified.

(3)Where a regulator fails to take some or all of the steps specified in a direction under subsection (2)(b), the Scottish Ministers may—

(a)take the steps,

(b)arrange for any other person to take the steps, or

(c)apply to the Court of Session for an order requiring the regulator to take the steps.

(4)The Scottish Ministers may recover from a regulator the costs incurred by the Scottish Ministers in relation to—

(a)taking steps under paragraph (a) of subsection (3),

(b)arranging for another person to take steps under paragraph (b) of that subsection (including costs incurred by that other person which the Scottish Ministers have to bear),

(c)an application relating to the regulator under paragraph (c) of that subsection up to the time of making the application.

(5)The Scottish Ministers may recover the costs mentioned in subsection (4) as a civil debt.

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