(1)The Secretary of State may designate an eligible body as the employer representative body for an area in England (the “specified area”) if—
(a)the Secretary of State is satisfied that—
(i)the body is capable of developing and keeping under review a local skills improvement plan for the area, in an effective and impartial manner, and
(ii)the body is reasonably representative of the employers operating within the specified area, and
(b)the body has consented in writing to being so designated (and to any terms and conditions to which the designation is subject).
(2)A designation under subsection (1) may be made subject to such terms and conditions as the Secretary of State considers appropriate.
(3)If the Secretary of State decides to designate an eligible body under subsection (1), the Secretary of State must—
(a)notify the body of the designation before the date on which the designation takes effect (“the effective date”), and
(b)publish the notice of the designation before that date.
(4)The notice of the designation must state—
(a)the name of the body,
(b)the specified area for which the body has been designated,
(c)the effective date, and
(d)any terms and conditions to which the designation is subject.
(5)The Secretary of State may from time to time modify the terms and conditions to which a designation is subject, in which case the Secretary of State must—
(a)notify the employer representative body of the modification before the date on which the modification takes effect, and
(b)amend the notice of designation accordingly, and publish it as amended, before that date.