Section 6

This section is about the provision about decision-makers that regulations under section 2 or 4 may or must (among other things) contain. 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). The regulations may make provision about the appointment of a decision-maker. The regulations may make provision enabling or requiring a decision-maker to suspend or revoke a decision. 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). 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). 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)— provision about the review of decision-makers’ decisions; provision about appeals to a court or tribunal. The regulations may make provision about complaints, including provision requiring a decision-maker to implement procedures for the handling of complaints. 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. The regulations may make provision for a decision-maker to arrange for its monitoring powers to be exercised by another person. The regulations may— provide for functions under the regulations to be exercisable by more than one decision-maker (whether jointly or concurrently); where functions of decision-makers are exercisable concurrently— provide for one of the decision-makers to be the lead decision-maker; require the other decision-makers to consult the lead decision-maker before exercising the functions in a particular case; provide for the lead decision-maker to give directions as to which decision-maker is to exercise a function in a particular case. The regulations may make provision enabling or requiring a decision-maker— 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), to publish the guidance, and to provide copies to specified persons.

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Source: legislation.gov.uk · retrieved 2026-09-04