Part 1U.K.Public protection requirements

GeneralU.K.

32Powers to amend this PartU.K.

(1)The Secretary of State may by regulations—

(a)substitute a different figure, of not less than 100, for the figure which is for the time being specified in section 2(2)(c) (minimum number of individuals for premises to be qualifying premises);

(b)substitute a different figure, of not less than 500, for the figure which is for the time being specified in—

(i)section 2(3)(a) (definition of “enhanced duty premises”), or

(ii)section 3(1)(d) (minimum number of individuals for events to be qualifying events);

(c)amend section 5(3) (public protection procedures) so as to—

(i)specify a further procedure, or

(ii)omit, or amend the description of, a procedure for the time being specified;

(d)amend section 6(3) (public protection measures) so as to—

(i)specify a further measure, or

(ii)omit, or amend the description of, a measure for the time being specified;

(e)amend Schedule 1 so as to—

(i)specify a new use (for the purposes of determining whether premises are qualifying premises),

(ii)provide for qualifying premises to be standard duty premises or enhanced duty premises in certain cases (regardless of how they would otherwise be treated),

(iii)specify the person responsible for qualifying premises in certain cases, or

(iv)omit, or amend the description of, a use for the time being specified;

(f)amend Schedule 2 so as to—

(i)exclude further premises or events from the requirements imposed by or under this Part, or

(ii)omit, or amend the description of, premises or an event for the time being specified.

(2)The power in—

(a)subsection (1)(a) or (b), so far as it confers a power to lower a figure,

(b)subsection (1)(c)(i), or

(c)subsection (1)(d)(i),

may be exercised only if the Secretary of State considers that doing so is necessary for public protection.

(3)The power in—

(a)subsection (1)(a) or (b), so far as it confers a power to increase a figure,

(b)subsection (1)(c)(ii), or

(c)subsection (1)(d)(ii),

may be exercised only if the Secretary of State considers that it is not necessary for public protection to retain the figure, procedure or measure (as the case may be) for the time being specified.

(4)Before making regulations under subsection (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.