- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: