SCHEDULES

SCHEDULE 7

Section 72(2).

The Authority as Competent Authority for Part VI

General

1

This Act applies in relation to the Authority when it is exercising functions under Part VI as the competent authority subject to the following modifications.

The Authority’s general functions

2

In section 2—

a

subsection (4)(a) does not apply to F1Part 6 rules;

b

subsection (4)(c) does not apply to general guidance given in relation to Part VI; and

c

subsection (4)(d) does not apply to functions under Part VI.

Duty to consult

3

Section 8 does not apply.

Rules

4

1

Sections 149, 153, 154 and 156 do not apply.

2

Section 155 has effect as if—

a

the reference in subsection (2)(c) to the general duties of the Authority under section 2 were a reference to its duty under section 73; and

b

section 99 were included in the provisions referred to in subsection (9).

Statements of policy

5

1

Paragraph 5 of Schedule 1 has effect as if the requirement to act through the Authority’s governing body applied also to the exercise of its functions of publishing statements under section 93.

2

Paragraph 1 of Schedule 1 has effect as if section 93 were included in the provisions referred to in sub-paragraph (2)(d).

Penalties

6

Paragraph 16 of Schedule 1 does not apply in relation to penalties under Part VI (for which separate provision is made by section 100).

Fees

7

Paragraph 17 of Schedule 1 does not apply in relation to fees payable under Part VI (for which separate provision is made by section 99).

Exemption from liability in damages

8

Schedule 1 has effect as if—

a

sub-paragraph (1) of paragraph 19 were omitted (similar provision being made in relation to the competent authority by section 102); and

b

for the words from the beginning to “(a)” in sub-paragraph (3) of that paragraph, there were substituted “ Sub-paragraph (2) does not apply ”.