Paragraph 6

United Kingdom

(1)

The F1lead enforcement authority shall take into account in deciding whether to proceed with F2its proposal any written or oral representations made in accordance with the preceding provisions of this Schedule.

(2)

If the F3lead enforcement authority considers that it should proceed with its proposal but for a reason which differs, or on grounds which differ, from those set out in the notice of the proposal under paragraph 2 above, it shall give a further notice under that paragraph.

(3)

In any case where—

(a)

a notice under paragraph 2 above gives more than one reason for the proposal or (in the case of a proposal to make an order under section 3 of this Act) sets out more than one matter which the F4lead enforcement authority intends should be specified as the grounds for the order, and

(b)

it appears to the lead enforcement authority that one or more of those reasons should be abandoned or, as the case may be, that one or more of those matters should not be so specified,

the lead enforcement authority may nevertheless decide to proceed with its proposal on the basis of any other reason given in the notice or, as the case may be, on any other grounds set out in the notice.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 6(1) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)
F2: Words in Sch. 2 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3: Words in Sch. 2 para. 6(2) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)
F4: Words in Sch. 2 para. 6(3) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)