PART 5Public Registers

Duty of the regulator to maintain a public register46

1

Subject to regulations 47 and 48, the regulator must maintain a register containing the information in paragraph 1 of Schedule 19 (in these Regulations, a “public register”).

2

But, nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

3

In paragraph (2) “criminal proceedings” includes prospective criminal proceedings.

4

A local authority must also include on its public register any information which is included on the Agency’s public register in respect of a regulated facility (other than mobile plant)—

a

for which the Agency is the regulator; and

b

which is in the area of the authority.

5

But—

a

paragraph (4) does not apply to a port health authority; and

b

every local authority whose area adjoins that of a port health authority must comply with paragraph (4) as if the port health authority had not been constituted.

6

The Agency must provide the local authority with the information necessary to comply with paragraph (4).

7

The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator’s possession.

8

The regulator must—

a

make its public register available for public inspection at all reasonable times, free of charge; and

b

enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.

9

A public register may be kept in any form.