MIR 6.9 MIR 6.9 Procedure for making orders
A decision to revoke a recognition order, make a direction, or refuse to make a recognition order is a serious one and Rule 6.9.6 sets out procedures which the Regulator will follow unless, in the case of a revocation of a recognition order, the Recognised Body concerned has given its consent or, in case where the Regulator proposes to make a direction, it considers it is reasonably necessary not to follow, or to cut short, the procedure.
The Regulator's internal arrangements provide for any of these decisions to be taken at an appropriately senior level.
In considering whether it would be appropriate to exercise its powers to make directions, the Regulator will have regard to all relevant information and factors including:(a) the rules contained in this rulebook;(b) the results of its routine supervision of the body concerned;(c) the extent to which the failure or likely failure to satisfy one or more of the Recognition Requirements may affect the statutory objectives.
In considering whether or not to make a recognition order, the Regulator will have regard to all relevant information and factors, including its guidance to Recognised Bodies and applicants and the information provided by applicants.
Before exercising its powers to make directions, the Regulator will usually discuss its intention, and the basis for this, with the Key Individuals or other appropriate representatives of the Recognised Body. It will usually discuss its intention not to make a recognition order with appropriate representatives of the applicant.
The procedures that the Regulator will follow in exercising its powers to make directions are:
The Regulator will: Guidance 1. give written notice to the Recognised Body; The notice will state why the Regulator intends to take the action it proposes to take, and include an invitation to make representations, and the period within which representations should be made (unless subsequently extended by the Regulator). 2. receive representations from the Recognised Body concerned; The Regulator will not usually consider oral representations without first receiving written representations from the Recognised Body. It will normally only hear oral representations from the Recognised Body on request. 3. write promptly to Recognised Body who requests the opportunity to make oral representations if it decides not to hear that Person's representations; The Regulator will indicate why it will not hear oral representations and the Regulator will allow the Recognised Body further time to respond. 4. have regard to representations made; 5. (when it has reached its decision) notify the Recognised Body concerned in writing.