Part 4Regulation of approved regulators

The Board as approved regulator

66The Board's power to recommend orders made under section 62

1

The Board may recommend to the Lord Chancellor that the Lord Chancellor make an order under section 62 in the form of a draft order prepared by the Board and annexed to the recommendation.

2

Before making a recommendation under this section, the Board must give each of the persons listed in subsection (3) a notice containing—

a

a copy of the proposed recommendation,

b

a copy of the proposed draft order, and

c

a statement specifying a period within which representations may be made about the proposals.

3

Those persons are—

a

the Lord Chancellor,

b

the OFT,

c

the Consumer Panel,

d

the Lord Chief Justice, and

e

such other persons as the Board considers it reasonable to consult regarding the proposals.

4

The Board must publish a notice given under subsection (2).

5

Before making the recommendation, the Board must have regard to any representations duly made (whether by persons within subsection (3) or otherwise).

6

If the draft order to be annexed to the recommendation differs from the draft contained in the notice under subsection (2) in a way which is, in the opinion of the Board, material, the Board must, before making the recommendation, publish the draft order along with a statement detailing the changes made and the reasons for those changes.