reg 61 Restriction, suspension or withdrawal of approval (user inspectorates)
(1) Where the Secretary of State determines that a user inspectorate— (a) no longer meets a user inspectorate requirement, or (b) is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 59(b), the Secretary of State must restrict, suspend or withdraw the body's status as a user inspectorate under regulation 53. (2) Where the Secretary of State determines that a user inspectorate no longer meets a condition referred to in regulation 59(b), the Secretary of State may restrict, suspend or withdraw the body's status as a user inspectorate under regulation 53. (3) In deciding what action is required under paragraph (1) or (2) the Secretary of State must have regard to the seriousness of the non-compliance. (4) Before taking action under paragraph (1) or (2) the Secretary of State must— (a) give notice in writing to the user inspectorate of the proposed action and the reasons for it; (b) give the user inspectorate an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and (c) consider any such representations made by the user inspectorate. (5) Where the Secretary of State has taken action in respect of a user inspectorate under paragraph (1) or (2), or where a user inspectorate has ceased its activity, the user inspectorate must at the request of the Secretary of State— (a) transfer its files relating to the activities it has undertaken as a user inspectorate to an approved body, a recognised third party organisation or to the Secretary of State, or (b) keep its files relating to the activities it has undertaken as a user inspectorate available for the Secretary of State and market surveillance authorities for a period of 10 years from the date they were created.