Regulatory Enforcement and Sanctions Act 2008
Regulatory Enforcement and Sanctions Act 2008
2008 Chapter 13
An Act to make provision for the establishment of the Local Better Regulation Office; for the co-ordination of regulatory enforcement by local authorities; for the creation of civil sanctions in relation to regulatory offences; for the reduction and removal of regulatory burdens; and for connected purposes. 9
[21st July 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Local Better Regulation Office
Establishment of LBRO
1 LBRO
(1) The Local Better Regulation Office is established as a body corporate.
(2) In Parts 1 and 2 it is referred to as "LBRO".
(3) Schedule 1 (which makes further provision about LBRO) has effect.
2 Dissolution of the LBRO company
(1) The company limited by guarantee with registered number 6237580 and the company name Local Better Regulation Office (in this Part called "the LBRO company") is dissolved.
(2) The registrar of companies for England and Wales must strike the name of the LBRO company off the register of companies before the end of the period of seven days beginning with the day on which this section comes into force.
(3) Schedule 2 (which makes provision relating to the replacement of the LBRO company by LBRO) has effect.
Definitions
3 ‘Local authority’
(1) In this Part references to a local authority in England are to any of the following—
(a) a county or district council in England;
(b) a London borough council;
(c) the Common Council of the City of London;
(d) the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
(e) the Council of the Isles of Scilly;
(f) a fire and rescue authority in England (not being an authority referred to in paragraphs (a) to (e));
(g) a port health authority in England (not being an authority referred to in paragraphs (a) to (e));
(h) an authority established under section 10 of the Local Government Act 1985 (c. 51) (waste disposal authorities for Greater London and metropolitan counties).
(2) In this Part references to a local authority in Wales are to any of the following—
(a) a county or county borough council in Wales;
(b) a fire and rescue authority in Wales (not being a county or county borough council);
(c) a port health authority in Wales (not being a county or county borough council).
4 ‘Relevant function’
(1) In this Part "relevant function", in relation to a local authority in England or Wales, means—
(a) a function under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, or
(b) a function which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.
(2) In subsection (1) "relevant enactment" means—
(a) an enactment specified in Schedule 3 or an enactment made under such an enactment;
(b) an enactment to which subsection (3) applies.
(3) This subsection applies to any enactment made under section 2(2) of the European Communities Act 1972 (c. 68)
with respect to any of the following matters—
(a) agricultural produce (quality standards and labelling);
(b) animal health and welfare;
(c) animal feed;
(d) consumer protection;
(e) environmental protection;
(f) food hygiene and standards;
(g) public health and safety;
(h) weights and measures (including measuring instruments).
(4) The Secretary of State may by order—
(a) amend Schedule 3 so as to add any enactment to it or to remove any enactment from it;
(b) amend subsection (3) so as to add any matter to it or remove any matter from it.
(5) An order under subsection (4) may make different provision for different purposes (including different provision in relation to local authorities in England and Wales respectively).
(6) An order under subsection (4) requires the consent of the Welsh Ministers to make provision, in relation to local authorities in Wales, in respect of a Welsh ministerial matter.
(7) The Secretary of State may by order determine whether, for the purposes of subsection (3), an enactment made under section 2(2) of the European Communities Act 1972 is made with respect to any of the matters specified in that subsection.
(8) An order under subsection (7) requires the consent of the Welsh Ministers where—
(a) the determination affects the application of this Part in relation to local authorities in Wales, and
(b) the enactment made under section 2(2) of the European Communities Act 1972 relates to a Welsh ministerial matter.
(9) In subsection (1)—
(a) references to a function do not include a function of conducting criminal or civil proceedings;
(b) references to an activity include providing goods and services and employing or offering employment to any person.
General functions of LBRO
5 Objective relating to general functions
(1) In exercising its functions under sections 6 to 10 LBRO has the objective of securing that local authorities in England and Wales exercise their relevant functions—
(a) effectively,
(b) in a way which does not give rise to unnecessary burdens, and
(c) in a way which conforms with the principles in subsection (2).
(2) Those principles are that—
(a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent;
(b) regulatory activities should be targeted only at cases in which action is needed.
6 Guidance to local authorities
(1) LBRO has the function of giving guidance to local authorities in England and Wales as to how to exercise their relevant functions.
(2) Guidance under subsection (1)—
(a) may be given to any one or more local authorities in England or Wales;
(b) may relate to any one or more relevant functions;
(c) may relate to the exercise of one or more relevant functions in a particular case.
(3) A local authority in England or Wales must have regard to any guidance given to it under this section.
(4) Before giving guidance under this section in relation to any relevant function LBRO must consult—
(a) the persons whose activities are regulated by the exercise of the function, or persons representative of such persons,
(b) such local authorities in England and Wales, or such persons representative of local authorities in England and Wales, as LBRO considers appropriate, and
(c) such other persons as LBRO considers appropriate.
(5) LBRO must publish (in such manner as it considers appropriate) any guidance given by it under this section.
(6) LBRO may vary or revoke any guidance given by it under this section by further guidance under this section.
7 Guidance to local authorities: enforcement
(1) LBRO may at any time, if it thinks it appropriate to do so, direct one or more local authorities in England or Wales to comply with—
(a) any guidance given under section 6 which relates to the exercise of a relevant function, or
(b) any guidance given under an enactment by another person which relates to the exercise of a relevant function.
(2) LBRO may not give a direction under this section without the consent of the Secretary of State, except in a case to which subsection (3) applies.
(3) LBRO may not give a direction under this section to one or more local authorities in Wales in relation to a Welsh ministerial matter without the consent of the Welsh Ministers.
(4) Where a direction under this section relates to two or more local authorities in England and Wales, consent under subsection (2) or (3) must be given by order.
(5) Before giving a direction under this section LBRO must consult—
(a) the local authorities in England or Wales to whom the direction is to be given,
(b) any relevant regulator, and
(c) such other persons as LBRO considers appropriate.
(6) In subsection (5)(b) "relevant regulator" means a person (other than a local authority in England or Wales) with regulatory functions which relate to the matter to which the direction relates.
(7) LBRO must publish (in such manner as it considers appropriate) any direction given by it under this section.
(8) A direction under this section may be revoked or varied by a further direction under this section.
8 Financial support and assistance to local authorities
LBRO may provide financial support and assistance—
(a) to a local authority in England or Wales in relation to its exercise of its relevant functions;
(b) to any other person for...
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