Textual Amendments
F1Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)
Modifications etc. (not altering text)
(1)For the purposes of this Part [F2the Secretary of State] may nominate a local authority to be the “primary authority” for the exercise of the relevant function in relation to the regulated person.
(2)Sections 27 to 32 apply in any case where a primary authority is nominated under this section in relation to the regulated person.
Textual Amendments
F2Words in s. 25(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 10 (with Sch. 2)
(1)[F3The Secretary of State] may only nominate a local authority under section 25(1) in relation to the regulated person if—
(a)the authority and the regulated person have agreed in writing to the nomination, or
(b)the regulated person has requested [F4the Secretary of State] to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person,
and [F4the Secretary of State] considers the authority suitable for nomination.
(2)[F5Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State ] may in particular consider as suitable for nomination under subsection (1)—
(a)the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised;
(b)the local authority in whose area the regulated person administers the carrying out of that activity.
(3)Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) [F6the Secretary of State] must consult—
(a)that authority, and
(b)the regulated person.
(4)[F7The Secretary of State] must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it.
(5)[F8The Secretary of State] may at any time revoke a nomination under section 25(1) if—
(a)[F9the Secretary of State] considers that the authority is no longer suitable for nomination, or
(b)[F9the Secretary of State] considers it appropriate to do so for any other reason,
and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination.
(6)[F10The Secretary of State] must maintain, or cause to be maintained, a register of nominations under section 25(1).]
Textual Amendments
F3Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(i) (with Sch. 2)
F4Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(ii) (with Sch. 2)
F5Words in s. 26(2) substituted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(7), 103(3); S.I. 2013/2227, art. 2(d)
F6Words in s. 26(3) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(c) (with Sch. 2)
F7Words in s. 26(4) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F8Words in s. 26(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F9Words in s. 26(5)(a)(b) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(d) (with Sch. 2)
F10Words in s. 26(6) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)