Article 54 Articles 52 and 53: supplementaryI1
The Department may make regulations prescribing—
descriptions of information which a body to which a direction is given under Article 52 or 53 may refuse to supply; or
circumstances in which such a body may refuse to comply with a direction given under either of those Articles.
The Council may, if no person is prescribed for the purpose under paragraph (3), refer a failure by a company holding an appointment under Chapter I to comply with a direction under Article 52 to the Authority.
The Department may make regulations for the purpose of enabling a failure to comply with a direction under Article 52 or 53 to be referred by the body which gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
A person to whom such a failure is referred (whether under paragraph (2) or regulations under paragraph (3)) shall—
consider any representations made by either party;
determine whether the person failing to comply with the direction is entitled to refuse to do so, and, if not, order him to comply with the direction; and
give notice of his determination and any order under sub-paragraph (b), with reasons, to both parties.
The duty of a company holding an appointment under Chapter I to comply with an order under this Article shall be enforceable by the Authority under Article 30.
Subject to Article 57, a notice under paragraph (4) may be published by either party to the reference.
Annotations
Commencement
- I1
Art. 54 wholly in operation at 1.4.2007; art. 54 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 54 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)