PART 7Suspension

Reinstatement of a definitive safeguarding remedyI142

1

The TRA may make a recommendation to the Secretary of State to reinstate a definitive safeguarding remedy where it determines that the circumstances in regulation 39(4) no longer exist.

2

Where the TRA makes a recommendation in accordance with this regulation, the recommendation must include—

a

the reasons for the TRA's determination; and

b

any other information the TRA considers relevant.

3

If the TRA makes a recommendation under paragraph (1), the Secretary of State must decide whether to accept or reject it.

4

Where the Secretary of State accepts the recommendation, the Secretary of State must—

a

publish a public notice under section 13 of the Act containing the information referred to in paragraph 15 of the Schedule; and

b

notify interested parties.

5

The Secretary of State may only reject a recommendation where the Secretary of State considers that it is not in the public interest to accept the recommendation.

6

Where the Secretary of State rejects a recommendation, the Secretary of State must—

a

publish a notice containing the information referred to in paragraph 15 of the Schedule;

b

notify interested parties; and

c

lay a statement before the House of Commons setting out the reasons for rejecting the recommendation.