126EPractice and procedure of boards

1

The Secretary of State may make regulations—

a

with respect to the constitution of a QCS board,

b

with respect to the powers and duties of any such board,

c

governing the practice and procedure to be followed by any such board, and

d

generally for the carrying into effect of the powers and duties of any such board.

2

The provision that may be made by regulations under subsection (1) includes—

a

provision about requests under section 126C(4);

b

provision for an acknowledgement of the receipt of any such request to be issued by such person, and within such time, as may be prescribed in the regulations;

c

the procedure to be followed in cases where a further request under section 126C(4) is sent to the QCS board by virtue of section 126C(6) in relation to a proposed scheme which has been modified (the “modified scheme”);

d

provision for or in connection with the making of representations about the modified scheme;

e

the publication by the board of provisional findings before it publishes its report.

3

Regulations may prescribe the time within which the Secretary of State considers that any QCS board should normally have published its report.

4

It is the duty of a QCS board to take all reasonable steps to publish its report within that time.

5

If a QCS board does not publish its report within that time, the Commissioner must immediately prepare a statement of—

a

the reasons why the board has not published its report within that time;

b

the action the board is taking to publish its report as soon as reasonably practicable;

c

the time within which it is expected that the board will publish its report.

6

As soon as reasonably practicable after the statement required by subsection (5) has been prepared, the Commissioner must send a copy of it to each of the following—

a

the Secretary of State;

b

the authority or authorities proposing to make the scheme.

7

The Secretary of State may issue guidance concerning the carrying out by a QCS board of its functions under this Part in relation to quality contracts schemes.

8

A QCS board must have regard to any such guidance.

9

In this section—

• “the Commissioner” has the same meaning as in section 126A;

• “regulations” means regulations made by the Secretary of State;

• “report” means the report which the board is required to publish by virtue of section 126D(5).