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PART 2PRIMARY AUTHORITIES

11Nomination of primary authorities: conditions and registers

(1)The Scottish Ministers may nominate a local authority under section 10(1) in relation to the regulated person only if—

(a)the Scottish Ministers consider the authority suitable for nomination, and

(b)the authority and the regulated person have agreed in writing to the nomination.

(2)The Scottish Ministers may in particular consider as suitable for nomination under subsection (1)—

(a)the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised, or

(b)the local authority in whose area the regulated person administers the carrying out of that activity.

(3)The Scottish Ministers may at any time revoke a nomination under section 10(1) if they consider that—

(a)the authority is no longer suitable for nomination, or

(b)it is appropriate to do so for any other reason.

(4)Subsection (2) applies in relation to a revocation of a nomination as it applies in relation to a nomination.

(5)The Scottish Ministers must maintain or cause to be maintained a register of nominations.

(6)Subsections (1) to (5) apply in relation to a person to whom the function under section 10(1) is delegated as they apply in relation to the Scottish Ministers.