Appendix
4
5BS.I. 2011/2699:
memorandum from Her Majesty's Treasury
Recognised Auction Platforms Regulations 2011
(S.I. 2011/2699)
The Committee has requested a memorandum on the following
point:
"Given that—
(a) regulation 5(6) is expressed to apply only
once the Authority covered by that provision has made a decision,
but
(b) the Authority nonetheless appears to be required
by sub-paragraph (a) to give notice of its intention to make the
decision it has already made,
explain how 5(6) is intended to work as a whole and
how the intention is achieved."
Regulation 5(6) is intended to require the Authority
to give notice of its decision after that decision has been taken,
rather than notice of its intention to make a decision in the
future (the Authority is required under regulation 5(1) to give
notice of its intention to make a decision before that decision
has been taken). Once a decision to refuse a recognition order,
give a direction or make a revocation order has been made, written
notice of the decision should be given to the body affected by
it under sub-paragraph (a) of regulation 5(6). The decision must
also be brought to the attention of members of that body, or anyone
else the Authority considers to be likely to be affected by it,
under sub-paragraph (b) of regulation 5(6).
The Treasury appreciate that sub-paragraph (a) does
not express this sufficiently clearly, and will amend this sub-paragraph
to refer to written notice of the Authority's decision, rather
than written notice of the Authority's intention to make a decision,
at the next available opportunity.
Her Majesty's Treasury
13 December 2011
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