The Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/2286

2013 No. 2286

Regulatory Reform

The Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2013

Made 8th September 2013

Laid before Parliament 10th September 2013

Coming into force 1st October 2013

The Secretary of State, in exercise of the powers conferred by sections 28(6) and 29(1) of the Regulatory Enforcement and Sanctions Act 20081and with the consent of the Welsh Ministers, makes the following Order.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2013 and comes into force on 1st October 2013.

S-2 Amendments to the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009

Amendments to the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009

2.—(1) The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 20092is amended as follows.

(2) In paragraph (1) of article 2, after sub-paragraph (c) insert—

“(ca)

“(ca) the making of a prohibition order under section 20 or 21 of the Housing Act 20043;”.

(3) In that paragraph, after sub-paragraph (d) insert—

“(da)

“(da) the making of a demolition order under section 265 of the Housing Act 19854; ”.

(4) In that paragraph, after sub-paragraph (e) insert—

“(ea)

“(ea) the making of an emergency prohibition order under section 43 of the Housing Act 2004;”.

(5) In that paragraph, after sub-paragraph (f) insert—

“(fa)

“(fa)  the service of an improvement notice under any of the following enactments—

(i) section 11 or 12 of the Housing Act 2004,

(ii) regulation 7 of the Fish Labelling Regulations 20135;”.

(6) In that paragraph, after sub-paragraph (g) insert—

“(ga)

“(ga) the service of a notice of emergency remedial action under section 40(7) of the Housing Act 2004;”.

(7) In that paragraph, after sub-paragraph (j) insert—

“(ja)

“(ja)  the service of a hazard awareness notice under section 28 or 29 of the Housing Act 2004;”.

(8) In that paragraph, after sub-paragraph (l) insert—

“(la)

“(la)  the imposition of a fixed monetary penalty under Schedule 2 to the Single Use Carrier Bags Charge (Wales) Regulations 20106or the imposition of one or more discretionary requirements under Schedule 3 to those Regulations;”.

(9) In that paragraph, after sub-paragraph (o) insert—

“(oa)

“(oa) the taking of emergency remedial action under section 40 of the Housing Act 2004;”.

(10) In article 2(2)(b)(iii) after “the Gambling Act 20057insert “(except in relation to Part 4 of that Act)”.

(11) For article 3(b), substitute—

“(b)

“(b) where the enforcement action is—

(i) the service of a notice referred to in article 2(1)(d), (e) or (ga), or

(ii) the making of an order referred to in article 2(1)(ea).”.

Michael Fallon

Minister for Business and Enterprise

Department for business, Innovation and Skills

8th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 ( S.I. 2009/665) (“the 2009 Order”), which was made under Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (c.13)(“the Act”).

Part 2 of the Act applies where a person (“the regulated person”) carries on an activity in the areas of two or more local authorities and each of those authorities has the same “relevant function” in relation to that activity. Part 2 enables a local authority to be nominated by the Secretary of State as the...

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