SCHEDULES

SCHEDULE 9 Designated Agencies: Status and Exercise of Transferred Functions

Consultation

F212

1

Where a designated agency proposes, in the exercise of powers transferred to it by a delegation order, to issue or make any statements of principle, rules, regulations or codes of practice, it shall publish the proposed instrument in such manner as appears to it best calculated to bring the proposals to the attention of the public, together with a statement that representations about the proposals (and, in particular, representations as to the cost of complying with the proposed provisions) can be made to the agency within a specified time.

2

Before issuing or making the instrument the agency shall have regard to any representations duly made in accordance with that statement.

3

The above requirements do not apply—

a

where the agency considers that the delay involved in complying with them would be prejudicial to the interests of investors;

b

to the issuing or making of an instrument in the same, or substantially the same, terms as a proposed instrument which was furnished by the agency to the Secretary of State for the purposes of section 114(9) of this Act.