F1PART 2Regulatory Enforcement

Advice and guidance

24APrimary authority advice and guidance

(1)

The primary authority, if it is a direct primary authority, has the function of—

(a)

giving advice and guidance to the regulated person in relation to each partnership function;

(b)

giving advice and guidance, in relation to each partnership function, to other qualifying regulators as to how they should exercise it in relation to the regulated person.

(2)

The primary authority, if it is a co-ordinated primary authority, has the function of—

(a)

giving advice and guidance to the co-ordinator of the regulated group in relation to each partnership function;

(b)

giving advice and guidance, in relation to each partnership function, to other qualifying regulators as to how they should exercise it in relation to a member of the group.

(3)

The primary authority may make arrangements with the regulated person or the co-ordinator of the regulated group as to how the authority will discharge its functions under subsection (1) or (2).

(4)

In the case of a co-ordinated primary authority, the co-ordinator of the regulated group must notify any advice or guidance given to the co-ordinator under subsection (2)(a) to those members of the group to whom the co-ordinator considers it may be relevant.

(5)

Advice or guidance may be given under subsection (1)(b) or (2)(b) only with the consent of the Secretary of State.

(6)

Subsections (1)(b) and (2)(b) do not require advice and guidance to be given to a qualifying regulator in relation to a partnership function if it is not a relevant function of that regulator.