42.—(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.
Commencement Information
I1Reg. 42 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)