- Latest available (Revised)
- Original (As enacted)
There are multiple versions of this provision on screen. These apply to different geographical extents.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Deregulation and Contracting Out Act 1994, Section 6 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.
(2)This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.
(3)The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—
(a)that appeals determined in accordance with the model provisions are determined without unnecessary delay; and
(b)that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.
(4)Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—
(a)power to appoint experts and their own counsel or solicitor;
(b)power to require respondents to disclose documents and other material;
(c)power to summon or, in Scotland, to cite witnesses;
(d)power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and
(e)power to award costs or expenses to appellants and, in certain cases, against them.
(5)Model provisions so prescribed may also—
(a)confer a right for interested persons to make representations before enforcement action is taken;
(b)require the giving of reasons to such persons for any decision to take such action;
(c)require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;
(d)enable appellants to amend their grounds of appeal before the hearing;
(e)require appeals to be determined on the merits rather than by way of review; and
(f)provide for further appeals to courts on points of law.
(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section—
“enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);
“enforcement action” has the same meaning as in [F1section 9 of the Regulatory Reform Act 2001];
[F2 “ interested person ” means—
the person against whom enforcement action may be or has been taken;
(b)any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or
(c)where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;]
“Northern Ireland legislation” means—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Words in the definition of “enforcement action” in s. 6(7) substituted (10.4.2001) by 2001 c. 6, s. 13(1)(a)
F2Definition of “interested person” in s. 6(7) substituted (10.4.2001) by 2001 c. 6, s. 13(1)(b)
Modifications etc. (not altering text)
C1S. 6: power to apply (with modifications) conferred (3.8.1999 for certain purposes only and 1.11.1999 otherwise) by 1999 c. 8, s. 37(6); S.I. 1999/2177, arts. 2(2)(c), 4(a)
Marginal Citations
(1)The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.
(2)This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.
(3)The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—
(a)that appeals determined in accordance with the model provisions are determined without unnecessary delay; and
(b)that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.
(4)Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—
(a)power to appoint experts and their own counsel or solicitor;
(b)power to require respondents to disclose documents and other material;
(c)power to summon or, in Scotland, to cite witnesses;
(d)power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and
(e)power to award costs or expenses to appellants and, in certain cases, against them.
(5)Model provisions so prescribed may also—
(a)confer a right for interested persons to make representations before enforcement action is taken;
(b)require the giving of reasons to such persons for any decision to take such action;
(c)require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;
(d)enable appellants to amend their grounds of appeal before the hearing;
(e)require appeals to be determined on the merits rather than by way of review; and
(f)provide for further appeals to courts on points of law.
(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section—
“enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) F3... an enactment contained in subordinate legislation (whenever made) [F4, an enactment contained in an Act of the Scottish Parliament (whenever passed) and an enactment contained in an instrument made under an Act of the Scottish Parliament (whenever made)];
[F5 “ enforcement action ” means—
in relation to any restriction, requirement or condition, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and
in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;]
[F6 “ interested person ” means—
the person against whom enforcement action may be or has been taken;
any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or
where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;]
“Northern Ireland legislation” means—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F3Word in s. 6(7) omitted (1.8.2010) by virtue of Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(3)(a)(i); S.S.I. 2010/221, art. 3(2), Sch.
F4Words in s. 6(7) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(3)(a)(ii); S.S.I. 2010/221, art. 3(2), Sch.
F5Words in s. 6(7) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(3)(b); S.S.I. 2010/221, art. 3(2), Sch.
F6Words in s. 6(7) substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(3)(c); S.S.I. 2010/221, art. 3(2), Sch.
Modifications etc. (not altering text)
C2S. 6: power to apply (with modifications) conferred (3.8.1999 for certain purposes only and 1.11.1999 otherwise) by 1999 c. 8, s. 37(6); S.I. 1999/2177, arts. 2(2)(c), 4(a)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: