Regulation 53 Procedure for establishing standards of performance

(1)

Before prescribing standards of performance in regulations under regulation 50, or determining standards of performance under regulation 52, the Regulator must—

(a)

arrange for such research as the Regulator considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected and consider the results;

(b)

publish a notice of its proposals in accordance with paragraphs (3) and (4) and consider any representations which are duly made in respect of those proposals; and

(c)

consult Citizens Advice, Consumer Scotland and other persons or bodies appearing to the Regulator to be representative of persons likely to be affected by the regulations or determination.

(2)

In determining if and to what extent research must be arranged for the purposes of paragraph (1)(a), the Regulator may have regard to research made available to it by the Secretary of State.

(3)

The notice required by paragraph (1)(b) is a notice—

(a)

stating that the Regulator proposes to prescribe or determine standards of performance and setting out the standards of performance proposed;

(b)

stating the reasons why it proposes to prescribe or determine those standards of performance; and

(c)

specifying the time (not being less than 28 days beginning with the date of publication of the notice) within which representations with respect to the proposals may be made.

(4)

A notice required by paragraph (1)(b) must be published in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of those likely to be affected by the proposals.

(5)

The Regulator must make arrangements for securing that notices under paragraph (1)(b), regulations under regulation 50 and 51 and determinations under regulation 52 are made available to the public by whatever means it considers appropriate.

(6)

The requirements of this regulation may be satisfied by action taken before these Regulations are made.

(7)

Regulations under regulation 50 or 51—

(a)

may only be made with the Secretary of State’s consent;

(b)

must be made by statutory instrument.