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The Provision of Services Regulations 2009

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Provision of Services Regulations 2009 No. 2999

Information relating to disciplinary action etc taken in relation to providers

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43.—(1) Where a relevant authority in another EEA state requests a competent authority to supply information on any of the matters in paragraph (2) in relation to the provider of a service, the competent authority must do so, subject to and in accordance with this regulation.

(2) The matters referred to in paragraph (1) are—

(a)disciplinary or administrative actions,

(b)criminal sanctions, and

(c)decisions concerning insolvency or bankruptcy involving fraud,

taken or imposed by an authority in the United Kingdom in respect of the provider which are directly relevant to the provider’s competence or professional reliability.

(3) Nothing in this regulation requires or permits a competent authority to disclose information which it could not otherwise lawfully disclose.

(4) But where a competent authority may not lawfully supply information pursuant to a request under paragraph (1) without the consent of the provider, it must make a request to the provider to give that consent.

(5) Information as to the matters referred to in paragraph (2)(a) and (b) is not to be supplied unless a final decision has been taken in relation to the action or sanction and no further appeal is possible (ignoring any possibility of an appeal out of time).

(6) Information supplied pursuant to paragraph (1) must specify the legal provisions pursuant to which the action or decision was taken or the sanction was imposed.

(7) Information as to the decisions referred to in paragraph (2)(c) must specify whether the decision is final or whether an appeal has been lodged (in which case the competent authority must indicate the date on which the decision on appeal is expected).

(8) A competent authority which supplies information pursuant to a request under paragraph (1) must inform the provider that it has provided information to the requesting authority and what that information was.

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