Regulation 37 Failure to comply with a remedial direction
This paragraph applies where the regulator has failed to take remedial action by the date specified in a remedial direction.
Where paragraph (1) applies, the Secretary of State must notify the regulator in writing that it has failed to comply with the remedial direction, and set out any steps the Secretary of State will take in order to give effect to the remedial direction.
The steps the Secretary of State may take for the purposes of giving effect to the remedial direction are—
taking over the exercise of any of the regulator’s functions,
taking any other action which the regulator is empowered to take under these Regulations,
appointing an individual or body (an “appointee”) to take the steps in sub-paragraph (a) or (b), or both,
provided that the Secretary of State and any appointee must not take a decision about whether to make, amend, remove or restore an entry in the register in respect of an individual.
The Secretary of State must consult the regulator in exercising any of the regulator’s functions under paragraph (3) where the Secretary of State considers that to be appropriate.
The Secretary of State must ensure that any appointee—
is appointed as soon as practicable after the notification mentioned in paragraph (2) is given,
has the experience and expertise which the Secretary of State considers is necessary to exercise the relevant functions of the regulator, and
is able to exercise those functions in accordance with any timetable specified by the Secretary of State.
Before their appointment, a prospective appointee must agree in writing with the Secretary of State—
the terms on which, and the period for which, they will exercise the relevant functions of the regulator,
whether the appointee must consult the regulator in exercising any of those functions,
the terms on which, and the manner in which, the exercise of those functions will be returned to the regulator, or transferred to another appointee, at the end of the period mentioned in sub-paragraph (a), and
the circumstances in which the appointment may be revoked before the end of that period.
An appointee must exercise the relevant functions of the regulator in accordance with the agreement mentioned in paragraph (6).
The regulator must co-operate with the Secretary of State and any appointee, and provide such information, advice, guidance or assistance as the Secretary of State, or appointee, considers appropriate.