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Amendment of section 27 of Principal Act
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24. Section 27 of the Principal Act is amended—
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(a) in subsection (2), by the substitution of—
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(i) “specified under section 31A” for “prescribed by regulations made under section 31”, and
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(ii) “as are specified under section 31A” for “as are prescribed”,
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(b) by the substitution of the following subsection for subsection (4):
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“(4) Where a co-decision-maker fails to comply with a notification under subsection (3), the Director—
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(a) may, in the case of the submission of an incomplete report and following any necessary enquiries to satisfy himself or herself that the report is substantially in accordance with this section and specifications made under section 31A, accept the report as if it were in compliance with this section and the relevant specifications,
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(b) may make such further directions with regard to the submission of the report in question as he or she considers appropriate, or
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(c) may, subject to subsection (4A) and following consultation with the appointer and the co-decision-maker, make a determination that the co-decision-maker shall, as soon as may be or from a date specified by the Director, no longer act as co-decision-maker for the appointer concerned.”,
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(c) by the insertion of the following subsections after subsection (4):
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“(4A) Where the Director has made a determination under subsection (4)(c) he or she shall notify the appointer and the co-decision-maker of his or her determination, provide reasons for that determination and update the Register accordingly.
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(4B) An appointer or a co-decision-maker who has been notified under subsection (4A) of the Director’s determination may, not later than 21 days after the date of issue of the notification by the Director, appeal the determination concerned to the court.”,
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and
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(d) by the substitution of the following subsection for subsection (5):
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“(5) Pursuant to an appeal to it under subsection (4B), the court may—
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(a) affirm the determination of the Director,
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(b) declare that the co-decision-maker shall continue to act as such for the appointer concerned and require the Director to update the Register accordingly, or
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(c) make such other declaration or order as it considers appropriate.”.
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