PART 13Transitional provisions relating to the TRA
CHAPTER 2Further modifications
Modifications to Part 7122
Regulation 76 (acceptance or rejection of the TRA’s recommendation by the Secretary of State) has effect as if—
a
for the heading of that regulation, there were substituted—
Secretary of State’s decision whether to give effect to a preliminary decision following the conclusion of a review
b
for that regulation, there were substituted—
76
1
Where the Secretary of State makes a preliminary decision referred to in regulation 75(2) (Secretary of State’s preliminary decisions following the conclusion of a review), the Secretary of State must decide whether to give effect to the preliminary decision.
2
The Secretary of State may decide not to give effect to the preliminary decision only if the Secretary of State is satisfied that it is not in the public interest to give effect to it.
3
Where the Secretary of State decides not to give effect to the preliminary decision, the Secretary of State must—
a
publish a notice containing the information set out in paragraph 3 or 4 of Schedule 3;
b
notify interested parties; and
c
lay a statement before the House of Commons setting out the reasons for deciding not to give effect to the preliminary decision.
4
Where the Secretary of State decides to give effect to the preliminary decision, the notice published by the Secretary of State under paragraph 21(7)(a) of Schedule 4 to the Act must contain the information set out in paragraph 3 or 4 of Schedule 3.