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Regulation 29 Procedure for final and provisional orders

Original text. Later amendments are not shown.

(1)

Before it makes a final order or confirms a provisional order, the Regulator must give notice—

(a)

stating that it proposes to make or confirm the order and setting out its effect;

(b)

setting out—

(i)

the condition or relevant requirement for the purpose of securing compliance with which the order is to be made or confirmed;

(ii)

the acts or omissions which, in its opinion, constitute or would constitute contraventions of that condition or requirement; and

(iii)

the other facts which, in its opinion, justify the making or confirmation of the order; and

(c)

specifying the period (not being less than 21 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(2)

A notice under paragraph (1) must be given—

(a)

by publishing the notice in such manner as the Regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b)

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the authorised person to whom the order relates (“the authorised person”).

(3)

The Regulator must not make a final order with modifications, or confirm a provisional order with modifications, except—

(a)

with the authorised person’s consent to the modifications; or

(b)

after complying with the requirements of paragraph (4).

(4)

The requirements are that the Regulator must—

(a)

serve on the authorised person such notice as appears to it requisite of the proposal to make or confirm the order with modifications;

(b)

in that notice specify the period (not being less than 21 days beginning with the date of the service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

(c)

consider any representations or objections which are duly made and not withdrawn.

(5)

As soon as practicable after making a final order or making or confirming a provisional order, the Regulator must—

(a)

serve a copy of the order on the authorised person; and

(b)

publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(6)

Before revoking a final order or a provisional order which has been confirmed, the Regulator must give notice—

(a)

stating that it proposes to revoke the order and setting out its effect; and

(b)

specifying the period (not being less than 28 days beginning with the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(7)

If, after giving a notice under paragraph (6), the Regulator decides not to revoke the order to which the notice relates, it must give notice of its decision.

(8)

A notice under paragraph (6) or (7) must be given—

(a)

by publishing the notice in such manner as the Regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b)

by serving a copy of the notice on the authorised person.