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The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 753
- PART 2
- CHAPTER 4
- Regulation 25
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Warning of revocation of membership
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25.—(1) Where the Secretary of State considers that one or more of the grounds for revocation of M’s membership of the scheme under regulation 24(1) exist, the Secretary of State may give M a notice (“a warning notice”) stating that the Secretary of State is proposing to start the procedure for revocation of M’s membership in accordance with regulation 26.
(2) The warning notice must specify—
(a)the reasons—
(i)why the Secretary of State considers that there are grounds to revoke M’s membership;
(ii)if the Secretary of State proposes to impose conditions under paragraph (3), why the Secretary of State proposes to do so;
(b)a period of 28 days after the day on which the warning notice is given (“the representation period”), within which M may make representations to the Secretary of State, and
(c)where the Secretary of State publishes a list under regulation 20(5), that M’s name will be included on that list and the date from which M is to be included on that list.
(3) The conditions which may be specified in the warning notice are conditions which would allow M to continue as a member of the scheme, if complied with in the period specified in the notice (“the compliance period”).
(4) If M makes any representations to the Secretary of State during the representation period, the Secretary of State must, at the end of that period, after considering M’s representations, decide whether to—
(a)withdraw the warning notice and remove M’s name from any list published under regulation 20(5);
(b)confirm the warning notice but vary any conditions which have been specified including by varying the compliance period;
(c)confirm the warning notice as first given to M.
(5) The Secretary of State must give M notice in writing of the decision taken under paragraph (4).
(6) Where the warning notice contains conditions under paragraph (3), the notice of the Secretary of State’s decision under paragraph (5) must—
(a)confirm which conditions are to apply, and
(b)state the date from which the conditions come into effect and from which the compliance period will run.
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