Textual Amendments
F1Pt. 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)
(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.
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.
(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.
(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.]