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23. Despite the amendment made to section 79C(1) of the 1989 Act, in exercising functions under Part 3 of the 2006 Act, the Chief Inspector may have regard to—
(a)anything done, or alleged to have been done, by a person registered under Part 10A of the 1989 Act to comply with the duty imposed by regulation 4(2) of the National Standards Regulations; and
(b)any failure, or alleged failure, by a person registered under Part 10A of the 1989 Act, to comply with the duty imposed by regulation 4(2) of the National Standards Regulations.
By virtue of the amendment made to section 79C of the 1989 Act, the National Standards Regulations cease to have effect on 1st September 2008. Regulation 4 of those Regulations gives the Chief Inspector power to take account of the duty imposed on a registered person under regulation 4(2), and any failure or alleged failure of such a person to comply with that duty.
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