• Procedural Provisions

    • 12. Rule-Making Instruments

      (1) Any power conferred on the Regulator to make Rules is exercisable in writing.
      (2) A Rule-Making Instrument must be published by the Regulator on its website.
      (3) A person is not to be taken to have contravened any Rule made by the Regulator if the person shows that at the time of the alleged contravention the Rule-Making Instrument concerned had not been published in accordance with subsection (2).

    • 13. Verification of Rules

      (1) The production of a printed copy of a Rule-Making Instrument purporting to be made by the Regulator —
      (a) on which is endorsed a certificate signed by a person duly authorised by the Regulator for that purpose; and
      (b) which contains the required statements;
      is evidence of the facts stated in the certificate.
      (2) The required statements are —
      (a) that the Rule-Making Instrument was made by the Regulator;
      (b) that the copy is a true copy of the Rule-Making Instrument; and
      (c) that on a specified date the Rule-Making Instrument was published.
      (3) A certificate purporting to be signed as mentioned in subsection (1)(a) is to be taken to have been properly signed unless the contrary is shown.
      (4) A person who wishes in any legal proceedings to rely on a Rule-Making Instrument may require the Regulator to endorse a copy of the Rule-Making Instrument with a certificate of the kind mentioned in subsection (1).

    • 14. Consultation

      (1) Before a Regulator makes, modifies or replaces Rules, it must publish a draft of the Rules on its website.
      (2) The draft must be accompanied by a notice that representations about the proposal may be made to the Regulator within a specified time.
      (3) Before the Regulator issues the Rules, it may have regard to any representations made to it in accordance with subsection (2).
      (4) Subsections (1) to (3) do not apply if the Regulator considers that there is an urgent need to publish the Rules or that the delay involved in complying with such provisions would be prejudicial to its objectives.
      (5) Any consultation on Rules undertaken in advance of these Regulations entering into force shall be deemed to have been undertaken in accordance with this section.