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The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

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This is the original version (as it was originally made).

Procedure for revocation of membership

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26.—(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, and the Secretary of State proposes to revoke M’s membership of the scheme, a notice must be given to M specifying—

(a)the grounds for the revocation of M’s membership;

(b)the reasons why the Secretary of State considers that those grounds exist;

(c)a period of 28 days after the date on which the notice is given, within which M may make representations to the Secretary of State (“the representation period”);

(d)where M was given a warning notice under regulation 25 specifying conditions under regulation 25(3), and that notice was not withdrawn, the reasons why the Secretary of State considers that M has not satisfied the conditions in the warning notice.

(2) The Secretary of State—

(a)may not take the final decision to revoke M’s membership of the scheme until the representation period has expired, and

(b)must take any representations made during the representation period into account, and may, in the Secretary of State’s discretion, take into account any representations made after the end of that period, in taking that decision.

(3) The Secretary of State must make a final decision and may revoke M’s membership where one or more of the grounds for revocation of M’s membership of the scheme in regulation 24(1) exist.

(4) The Secretary of State must give M notice of a final decision, and where the decision is to revoke M’s membership, that notice must—

(a)set out the reasons for the decision,

(b)state the date on which the revocation of M’s membership takes effect, and

(c)inform M that M’s name and the names of persons controlled by M will from that date be included on the prohibitions list.

(5) The Secretary of State may issue a notice under paragraph (1) whether or not the Secretary of State has previously given M a warning notice under regulation 25.

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