New Clause 27 — Exercise of enforcement powers

Orders of the Day – in the House of Commons at 8:45 pm on 31st March 2008.

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'(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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