Regulatory Enforcement and Sanctions Act 2008

[F1 Primary authorities U.K.

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)

23A Primary authorities for regulated persons and regulated groups U.K.

(1) For the purposes of this Part, the Secretary of State—

(a) may nominate, in relation to a regulated person, a qualifying regulator to be the “primary authority” for the exercise of the partnership functions in relation to that person (a “direct primary authority”);

(b) may nominate, in relation to a regulated group, a qualifying regulator to be the “primary authority” for the exercise of the partnership functions in relation to the members of the group (a “co-ordinated primary authority”).

(2) The “partnership functions” are the functions specified by the nomination under subsection (1) as covered by it.

(3) A function may be so specified only if condition A or B is met.

(4) Condition A is that the function—

(a) is a relevant function of the primary authority, and

(b) is, or (in the case of an activity proposed to be carried on) would be, exercisable by the primary authority in relation to the regulated person or a member of the regulated group.

(5) Condition B is that the function—

(a) is a relevant function of a qualifying regulator other than the primary authority,

(b) is, or (in the case of an activity proposed to be carried on) would be, exercisable by that other regulator in relation to the regulated person or a member of the regulated group, and

(c) is equivalent to a relevant function of the primary authority.

(6) The Secretary of State may from time to time revise the specification of partnership functions included in a nomination under subsection (1) if—

(a) the requirements of subsections (3) to (5) are met in relation to the revised specification,

(b) in the case of a nomination under subsection (1)(a), the primary authority and the regulated person have agreed in writing to the revision, and

(c) in the case of a nomination under subsection (1)(b), the primary authority and the co-ordinator of the regulated group have agreed in writing to the revision.

(7) This Part applies to a revised specification of partnership functions as it applies to a specification of partnership functions under subsection (1); and references in this Part to the partnership functions include partnership functions in the revised specification.

23B Nomination of primary authorities U.K.

(1) The Secretary of State may only nominate a qualifying regulator as a direct primary authority if the regulator and the regulated person have agreed in writing to the nomination.

(2) The Secretary of State may only nominate a qualifying regulator as a co-ordinated primary authority if—

(a) there is a co-ordinator of the regulated group, and

(b) the regulator and the co-ordinator have agreed in writing to the nomination.

(3) The Secretary of State may at any time revoke a nomination under section 23A(1).

(4) The Secretary of State must—

(a) maintain, or cause to be maintained, a register of nominations under section 23A(1), and

(b) make the register available for inspection free of charge.

23C “Co-ordinator” of a regulated group U.K.

(1) For the purposes of this Part, there is a “co-ordinator” of a regulated group if there is a person nominated by the Secretary of State to be the co-ordinator of the group.

(2) The Secretary of State may only nominate a person under subsection (1) if the person has agreed in writing to the nomination.

(3) The Secretary of State may at any time revoke a nomination under subsection (1).

(4) If at any time the co-ordinator of a regulated group is unable to act, the Secretary of State may nominate another person to exercise the functions of the co-ordinator of the group under this Part.

(5) Subsections (2) and (3) apply to a nomination under subsection (4) as they apply to a nomination under subsection (1).

(6) The Secretary of State must secure that the register of nominations maintained and made available under section 23B(4) includes, in relation to each co-ordinated primary authority, the name of—

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

(b) any person nominated under subsection (4) to exercise the co-ordinator's functions.

23D Membership of a regulated group U.K.

(1) This section applies where a qualifying regulator is nominated as a co-ordinated primary authority.

(2) The co-ordinator of the regulated group concerned must—

(a) maintain, or cause to be maintained, a list of members of the group, and

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

(3) The list must include in relation to each member—

(a) the member's name and address,

(b) when the person became a member, and

(c) if applicable, when the person ceased to be a member.

(4) The co-ordinator of the regulated group must make a copy of the list available free of charge, on request, to—

(a) the Secretary of State,

(b) the primary authority, and

(c) a qualifying regulator who has a function which is both a relevant function of the regulator and a partnership function.

(5) The copy must be made available as soon as is reasonably practicable and in any event not later than the end of the third working day after the day on which the request is received by the co-ordinator.

(6) For the purposes of this Part, the list is conclusive as to whether a person is a member of the group at a particular time.

23E Application of sections 24A to 28B U.K.

(1) The following provisions apply in each case where a qualifying regulator has been nominated under section 23A(1) as a primary authority—

(a) section 24A (primary authority advice and guidance);

(b) sections 25A to 25D and Schedule 4A (enforcement action);

(c) sections 26A to 26C (inspection plans);

(d) section 27A (power for primary authority to recover costs);

(e) section 28A (support of primary authority by other regulators);

(f) section 28B (other regulators to act consistently with primary authority advice etc).

(2) References in those provisions to “the primary authority”, “a partnership function” and other terms defined in or for the purposes of this Part are to be read accordingly.

(3) But see sections 29A to 29D in relation to cases where more than one qualifying regulator has been nominated as the primary authority for the exercise of the same function in relation to the same person.]