'(1) This section applies where the regulator is deciding—
(a) whether to exercise a power under this Chapter,
(b) which power under this Chapter to exercise, or
(c) how to exercise a power under this Chapter.
(2) The regulator shall consider—
(a) the desirability of registered providers being free to choose how to provide services and conduct business;
(b) whether the failure or other problem concerned is serious or trivial;
(c) whether the failure or other problem is a recurrent or isolated incident;
(d) the speed with which the failure or other problem needs to be addressed.'.
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