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Regulatory Enforcement and Sanctions Act 2008
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Regulatory Enforcement and Sanctions Act 2008, Section 26 is up to date with all changes known to be in force on or before 27 November 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.
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26Nomination of primary authoritiesU.K.
This section has no associated Explanatory Notes
(1)[F1The Secretary of State] may only nominate a local authority under section 25(1) in relation to the regulated person if—
(a)the authority and the regulated person have agreed in writing to the nomination, or
(b)the regulated person has requested [F2the Secretary of State] to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person,
and [F2the Secretary of State] considers the authority suitable for nomination.
(2)[F3Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State ] may in particular consider as suitable for nomination under subsection (1)—
(a)the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised;
(b)the local authority in whose area the regulated person administers the carrying out of that activity.
(3)Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) [F4the Secretary of State] must consult—
(a)that authority, and
(b)the regulated person.
(4)[F5The Secretary of State] must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it.
(5)[F6The Secretary of State] may at any time revoke a nomination under section 25(1) if—
(a)[F7the Secretary of State] considers that the authority is no longer suitable for nomination, or
(b)[F7the Secretary of State] considers it appropriate to do so for any other reason,
and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination.
(6)[F8The Secretary of State] must maintain, or cause to be maintained, a register of nominations under section 25(1).
Textual Amendments
F1Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(i) (with Sch. 2)
F2Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(ii) (with Sch. 2)
F3Words in s. 26(2) substituted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(7), 103(3); S.I. 2013/2227, art. 2(d)
F4Words in s. 26(3) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(c) (with Sch. 2)
F5Words in s. 26(4) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F6Words in s. 26(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F7Words in s. 26(5)(a)(b) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(d) (with Sch. 2)
F8Words in s. 26(6) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
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