Prospective
12Duty to consider making regulations under section 11(1)(a) on request by elected mayorU.K.
(1)The Secretary of State must consider making section 11(1)(a) regulations in relation to the whole or part of a relevant area if—
(a)the mayor for the relevant area makes a request for such regulations to be made,
(b)conditions 1 to 3 are met, and
(c)the Secretary of State considers that the mayor has complied with any prescribed requirements before making the request.
(2)“Section 11(1)(a) regulations” means regulations under section 11(1) that impose requirements on large fuel retailers within section 11(1)(a).
(3)Condition 1 is that the Secretary of State is satisfied that, before making the request, the mayor—
(a)published proposals for section 11(1)(a) regulations to be made in relation to the whole or part of the relevant area, and
(b)consulted—
(i)each local authority any part of whose area falls within the relevant area or, if the request relates to part of the relevant area, within that part,
(ii)persons who would be likely to be subject to requirements under the regulations (if made), and
(iii)such other persons as the mayor considers appropriate,
in relation to the published proposals.
(4)Condition 2 is that the mayor has given the Secretary of State a summary of the responses to the consultation referred to in subsection (3)(b).
(5)Condition 3 is that regulations have been made under section 11(3) in relation to the meaning of “large fuel retailer”.
(6)If the Secretary of State decides not to make section 11(1)(a) regulations in response to the mayor's request, the Secretary of State must notify the mayor of the decision and the reasons for it.
(7)For the purposes of this section—
(a)“relevant area” means the area of a combined authority or Greater London;
(b)the mayor for a relevant area is—
(i)in the case of the area of a combined authority, the mayor for the area elected in accordance with section 107A(2) of the 2009 Act;
(ii)in the case of Greater London, the Mayor of London.
(8)In this section—
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“combined authority” means a combined authority established under section 103(1) of the 2009 Act;
“large fuel retailer” has the same meaning as in section 11;
“local authority” means—
(a)a district council,
(b)a county council, or
(c)a London borough council.