F1PART 2Regulatory Enforcement
General
30AGuidance and directions
1
The Secretary of State may give guidance to any one or more qualifying regulators, supporting regulators, complementary regulators or co-ordinators about the operation of this Part.
2
The guidance may include, in particular, guidance to qualifying regulators about—
a
arrangements under section 24A(3) for the giving of advice or guidance by primary authorities;
b
enforcement action referred to the Secretary of State under paragraph 1(1), 2(1), 3(1) or 4(1) of Schedule 4A;
c
the notification of inspection plans under section 26A(8);
d
the charging of fees under section 27A.
3
The guidance may include, in particular, guidance to supporting regulators about—
a
the circumstances in which a function is relevant to the exercise of a partnership function for the purposes of section 28A;
b
the charging of fees under section 28A(6).
4
A qualifying regulator, supporting regulator, complementary regulator or co-ordinator must have regard to any guidance given to it under this section.
5
Before giving guidance under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
6
The Secretary of State may not give guidance under subsection (2)(d) or (3) without consulting the Welsh Ministers.
7
The Secretary of State may at any time vary or revoke guidance given under this section.
8
The Secretary of State must publish guidance given under this section and any variation or revocation of the guidance.
9
A qualifying regulator must comply with a direction given to it under this Part.
30BPeriods of time under Part 2
The Secretary of State may by regulations amend any provision of this Part which specifies a period within which, or a time before which, anything must, must not or may be done.
30CRegulations under Part 2
1
Regulations under this Part must be made by statutory instrument.
2
A statutory instrument containing regulations under section 22B, 28B(1)(a) or 30B (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
3
Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
30DInterpretation of Part 2
1
In this Part—
“complementary regulator” means a complementary regulator under section 28B;
“co-ordinated primary authority” has the meaning given in section 23A(1)(b);
“co-ordinator” has the meaning given in section 23C(1);
“direct primary authority” has the meaning given in section 23A(1)(a);
“enforcement action” has the meaning given in section 25A;
“enforcing authority” has the meaning given in section 25C(2);
“inspecting regulator” has the meaning given in section 26A(3);
“inspection function” has the meaning given in section 26A(1);
“inspection plan” has the meaning given in sections 26A(2) and 26C(5);
“local authority” has the meaning given in section 22B(2) and (3);
“Northern Ireland” has the same meaning as in the Northern Ireland Act 1998;
“partnership function” has the meaning given in section 23A(2) and (7);
“primary authority” means a qualifying regulator nominated as a primary authority under section 23A(1);
“qualifying regulator” has the meaning given in section 22B(1);
“regulated group” has the meaning given in section 22A(2);
“regulated person” has the meaning given in section 22A(1);
“relevant function” has the meaning given in section 22C(1);
“reserved matter” has the same meaning as in the Scotland Act 1998;
“Scotland” has the same meaning as in the Scotland Act 1998;
“specified regulator” has the meaning given in section 22B(4);
“supporting regulator” means a supporting regulator under section 28A;
“transferred matter” has the same meaning as in the Northern Ireland Act 1998;
“Wales” has the same meaning as in the Government of Wales Act 2006;
“working day” has the meaning given in subsection (2).
2
In this Part, “working day” means a day other than—
a
a Saturday or Sunday,
b
Christmas Day or Good Friday, or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the relevant part of the United Kingdom.
3
For the purposes of subsection (2)(c), the “relevant part” of the United Kingdom is—
a
in relation to section 23D(5), 28A(8) or 28B(7) (period in which co-ordinator must make available a list of group members or of group members to whom an inspection plan may be relevant), the part where the co-ordinator of the group is;
b
in any other case, the part where the primary authority is.
Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)