Regulatory Enforcement and Sanctions Act 2008
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Change 1
26 Nomination of primary authorities
(1) The Secretary of State may only nominate a local authority under section 25(1) in relation to the regulated person if— (a) the authority and the regulated person have agreed in writing to the nomination, or (b) the regulated person has requested the Secretary of State to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person, and the Secretary of State considers the authority suitable for nomination. (2) Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State may in particular consider as suitable for nomination under subsection (1)— (a) the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised; (b) the local authority in whose area the regulated person administers the carrying out of that activity. (3) Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) the Secretary of State must consult— (a) that authority, and (b) the regulated person. (4) The Secretary of State must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it. (5) The Secretary of State may at any time revoke a nomination under section 25(1) if— (a) the Secretary of State considers that the authority is no longer suitable for nomination, or (b) the Secretary of State considers it appropriate to do so for any other reason, and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination. (6) The Secretary of State must maintain, or cause to be maintained, a register of nominations under section 25(1).
26 Nomination of primary authorities
(1) The Secretary of State may only nominate a local authority under section 25(1) in relation to the regulated person if— (a) the authority and the regulated person have agreed in writing to the nomination, or (b) the regulated person has requested the Secretary of State to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person, and the Secretary of State considers the authority suitable for nomination. (2) Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State may in particular consider as suitable for nomination under subsection (1)— (a) the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised; (b) the local authority in whose area the regulated person administers the carrying out of that activity. (3) Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) the Secretary of State must consult— (a) that authority, and (b) the regulated person. (4) The Secretary of State must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it. (5) The Secretary of State may at any time revoke a nomination under section 25(1) if— (a) the Secretary of State considers that the authority is no longer suitable for nomination, or (b) the Secretary of State considers it appropriate to do so for any other reason, and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination. (6) The Secretary of State must maintain, or cause to be maintained, a register of nominations under section 25(1).
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