OpenLegislation

Section 6 Decision-makersI1I2

United Kingdom

(1)

This section is about the provision about decision-makers that regulations under section 2 or 4 may or must (among other things) contain.

(2)

In this Part, “decision-maker” means a person who is authorised or required to take a decision described in section 3(2)(c) (authorisation) or 5(3)(b) (approval).

(3)

The regulations may make provision about the appointment of a decision-maker.

(4)

The regulations may make provision enabling or requiring a decision-maker to suspend or revoke a decision.

(5)

The regulations may confer powers on a decision-maker for the purpose of monitoring compliance with conditions for authorisation or approval (“monitoring powers”) (and see section 8 for provision about enforcement of requirements imposed in exercise of those powers).

(6)

The monitoring powers that may be conferred on a decision-maker include powers to require the provision of documents or information (but such powers are subject to the restrictions in section 9 as well as any restrictions included in the regulations).

(7)

The regulations must make provision about the rights of persons affected by the exercise of a decision-maker’s functions under the regulations and such provision may include (among other things)—

(a)

provision about the review of decision-makers’ decisions;

(b)

provision about appeals to a court or tribunal.

(8)

The regulations may make provision about complaints, including provision requiring a decision-maker to implement procedures for the handling of complaints.

(9)

The regulations may make provision enabling or requiring a decision-maker to publish, or provide to a specified person, specified documents or information relating to the exercise of the decision-maker’s functions.

(10)

The regulations may make provision for a decision-maker to arrange for its monitoring powers to be exercised by another person.

(11)

The regulations may—

(a)

provide for functions under the regulations to be exercisable by more than one decision-maker (whether jointly or concurrently);

(b)

where functions of decision-makers are exercisable concurrently—

(i)

provide for one of the decision-makers to be the lead decision-maker;

(ii)

require the other decision-makers to consult the lead decision-maker before exercising the functions in a particular case;

(iii)

provide for the lead decision-maker to give directions as to which decision-maker is to exercise a function in a particular case.

(12)

The regulations may make provision enabling or requiring a decision-maker—

(a)

to produce guidance about how it proposes to exercise its functions under the regulations (including provision enabling or requiring decision-makers with functions exercisable jointly or concurrently to produce joint guidance),

(b)

to publish the guidance, and

(c)

to provide copies to specified persons.

Annotations

Commencement

I1

S. 6 in force at Royal Assent for specified purposes, see s. 142(1)(2)(h)

I2

S. 6 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904, reg. 2(a)