Regulatory Enforcement and Sanctions Act 2008

[F1 26A Inspection plans U.K.

(1) Where a partnership function consists of or includes a function of inspection (an “inspection function”), the primary authority may make an inspection plan in accordance with this section.

(2) An “inspection plan” is a plan containing recommendations as to how the inspection function should be exercised by an inspecting regulator in relation to the regulated person or a member of the regulated group.

(3) A person is an “inspecting regulator” if—

(a) the person is a qualifying regulator, and

(b) the inspection function is a relevant function of the person.

(4) An inspection plan may, in particular—

(a) set out what an inspection should consist of;

(b) set out the frequency with which inspections should be carried out;

(c) set out the circumstances in which they should be carried out;

(d) require the inspecting regulator to provide the primary authority with a report on the inspecting regulator's exercise of the inspection function.

(5) Before making an inspection plan the primary authority must consult the regulated person or the co-ordinator of the regulated group.

(6) When making an inspection plan the primary authority must take into account any relevant recommendations relating to inspections which are published pursuant to a regulatory function by a person other than an inspecting regulator.

(7) When it has made an inspection plan, the primary authority may apply to the Secretary of State for consent to the plan.

(8) If the Secretary of State consents to a plan under subsection (7), the primary authority must notify the plan to—

(a) the regulated person or the co-ordinator of the regulated group, and

(b) inspecting regulators.

(9) If, in the case of a regulated group, an inspection plan is notified to the co-ordinator under subsection (8)(a), the co-ordinator must—

(a) notify the plan to those members of the group to whom the co-ordinator considers it may be relevant,

(b) prepare a list of the names and addresses of those members,

(c) secure, as far as is reasonably practicable, that the list is accurate and kept up-to-date,

(d) provide the primary authority with the list, including any updates to it, and

(e) notify any member whose name is included in the list or removed from it of the inclusion or removal.

(10) If a list or update is provided to the primary authority under subsection (9)(d), the primary authority must notify the list or update to inspecting regulators.]

Textual Amendments

F1 Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)