Section 6 | Decision-makers

(1)This section is about the provision about decision-makers that regulations under section 2 or 4 may or must (among other things) contain.

(2)In this Part, “decision-maker” means a person who is authorised or required to take a decision described in section 3(2)(c) (authorisation) or 5(3)(b) (approval).

(3)The regulations may make provision about the appointment of a decision-maker.

(4)The regulations may make provision enabling or requiring a decision-maker to suspend or revoke a decision.

(5)The regulations may confer powers on a decision-maker for the purpose of monitoring compliance with conditions for authorisation or approval (“monitoring powers”) (and see section 8 for provision about enforcement of requirements imposed in exercise of those powers).

(6)The monitoring powers that may be conferred on a decision-maker include powers to require the provision of documents or information (but such powers are subject to the restrictions in section 9 as well as any restrictions included in the regulations).

(7)The regulations must make provision about the rights of persons affected by the exercise of a decision-maker’s functions under the regulations and such provision may include (among other things)—

(a)provision about the review of decision-makers’ decisions;

(b)provision about appeals to a court or tribunal.

(8)The regulations may make provision about complaints, including provision requiring a decision-maker to implement procedures for the handling of complaints.

(9)The regulations may make provision enabling or requiring a decision-maker to publish, or provide to a specified person, specified documents or information relating to the exercise of the decision-maker’s functions.

(10)The regulations may make provision for a decision-maker to arrange for its monitoring powers to be exercised by another person.

(11)The regulations may—

(a)provide for functions under the regulations to be exercisable by more than one decision-maker (whether jointly or concurrently);

(b)where functions of decision-makers are exercisable concurrently—

(i)provide for one of the decision-makers to be the lead decision-maker;

(ii)require the other decision-makers to consult the lead decision-maker before exercising the functions in a particular case;

(iii)provide for the lead decision-maker to give directions as to which decision-maker is to exercise a function in a particular case.

(12)The regulations may make provision enabling or requiring a decision-maker—

(a)to produce guidance about how it proposes to exercise its functions under the regulations (including provision enabling or requiring decision-makers with functions exercisable jointly or concurrently to produce joint guidance),

(b)to publish the guidance, and

(c)to provide copies to specified persons.