218Exercise of enforcement powersE+W
(1)[F1Subsection (2)] applies where the regulator is deciding—
(a)whether to exercise a power under this Chapter,
(b)which power under this Chapter to exercise, or
(c)how to exercise a power under this Chapter.
(2)The regulator shall consider—
(a)the desirability of registered providers being free to choose how to provide services and conduct business;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the speed with which the failure or other problem needs to be addressed.
[F3(3)Subsection (4) applies where the regulator is making a decision in relation to—
(a)the exercise, on a ground other than one specified in section 198A(1) (failure to meet standard under section 193), of a power under this Chapter that is listed in section 198A(3), or
(b)the exercise of a power under this Chapter that is not listed in section 198A(3).
(4)The regulator shall consider—
(a)whether the failure or other problem concerned is serious or trivial;
(b)whether the failure or other problem is a recurrent or isolated incident.]
Textual Amendments
F1Words in s. 218(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
F2S. 218(2)(b)(c) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(3), Sch. 25 Pt. 27; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)
F3S. 218(3)(4) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 17(4); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
Commencement Information
I1S. 218 in force at 1.4.2010 by S.I. 2010/862, art. 2 (with Sch.)