SCHEDULE 2Directions

Power to direct

2

(1)

The Scottish Ministers may direct the approved regulator to take—

(a)

in a case falling within paragraph 1(a), such action as they consider will counter the adverse impact, mitigate its effect or prevent its recurrence,

(b)

in a case falling within paragraph 1(b) or (c), such action as they consider will remedy the failure, mitigate its effect or prevent its recurrence,

(c)

in a case falling within paragraph 1(d), such action as they consider necessary or expedient in relation to such transitional matters as may arise from the amendment.

(2)

A direction under sub-paragraph (1) may require the approved regulator to modify any part of its regulatory scheme.

(3)

A direction under sub-paragraph (1) must not be framed by reference to—

(a)

a specific disciplinary case, or

(b)

other specific regulatory proceedings.

(4)

A direction under sub-paragraph (1) may require the approved regulator to refrain from doing something.

(5)

The approved regulator must (so far as practicable) comply with a direction given to it in accordance with this schedule.