Paragraph 10 EnforcementF1

(1)

The registration body must have in place—

(a)

arrangements for the investigation of suspected breaches by providers or lead partners,

(b)

registration rules and lead partner rules designed to secure that providers and lead partners co-operate with any investigations,

(c)

arrangements for the imposition of sanctions in respect of breaches that are established, and

(d)

registration rules and lead partner rules designed to secure that providers and lead partners are bound by any sanctions.

(2)

In sub-paragraph (1), “breaches” means breaches of requirements imposed by or under this Act (including by registration rules or lead partner rules).

(3)

The available sanctions must include financial penalties.

(4)

The arrangements and rules must allow for appeals to be made to a person who will determine the appeal independently of the maker of the decision appealed against.

(5)

The arrangements and rules must allow for the Local Audit Office to be able—

(a)

to determine that a particular case raises or appears to raise important issues affecting the public interest, and

(b)

to assume enforcement responsibility in a case in which it has made such a determination.

(6)

For the purposes of sub-paragraph (5), the Office assumes enforcement responsibility if it assumes responsibility for the final decision (subject to any appeal) as to—

(a)

whether the requirement or rule in question has been breached, and

(b)

if so, the sanction to be imposed.

Annotations

Textual amendments

F1: Schs. 1B-1D inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(6), Sch. 35