Legalize / United Kingdom / Public General Act

Regulatory Enforcement and Sanctions Act 2008

Type Public General Act

Publication 2008-07-21

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — The Local Better Regulation Office

Establishment of LBRO

LBRO

1

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Schedule 1 (which makes further provision about LBRO) has effect.

Dissolution of the LBRO company

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions

“Local authority”

3

(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;

(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);

“Relevant function”

4

(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;

(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 devolved Welsh 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 devolved Welsh 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

Objective relating to general functions

5

(1) In exercising their functions under sections 6 to 10 the Secretary of State and the Welsh Ministers have 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

(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.

Guidance to local authorities

6

(1) It is a function of the Secretary of State to give guidance to—

(a) one or more local authorities in England,

(b) one or more local authorities in Wales, or

as to how to exercise their relevant functions (other than functions relating to devolved Welsh matters).

(1A) It is a function of the Welsh Ministers to give guidance to one or more local authorities in Wales as to how to exercise their relevant functions which relate to devolved Welsh matters.

(2) Guidance under subsection (1) or (1A) —

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) may relate to any one or more relevant functions;

(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 the person giving the guidance 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 the person giving the guidance considers appropriate, and

(5) The person giving guidance under this section must publish it in such manner as that person considers appropriate.

(6) The person giving the guidance may vary or revoke any guidance given ... under this section by further guidance under this section.

Guidance to local authorities: enforcement

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial support and assistance to local authorities

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice to Ministers of the Crown

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advice to Welsh Ministers

10

(1) The Secretary of State may at any time give advice or make proposals to the Welsh Ministers on—

(a) the way in which any one or more local authorities in Wales exercise any of their relevant functions in relation to any devolved Welsh matter;

(b) the effectiveness of legislation (or proposed legislation) relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter;

(c) whether any other regulatory functions could appropriately be exercised by local authorities in Wales in relation to any such matter;

(d) anything else relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Function relating to enforcement priorities

Enforcement priorities

11

(1) The Secretary of State must prepare and publish a list specifying those matters to which a local authority in England should give priority when allocating resources to its relevant functions.

(1A) The Welsh Ministers must prepare and publish a list specifying those matters to which a local authority in Wales should give priority when allocating resources to its relevant functions.

(2) A local authority in England or Wales must have regard to the appropriate list under subsection (1) or (1A) when allocating resources to its relevant functions.

(3) Before publishing a list under subsection (1) the person preparing the list must consult such persons as that person considers appropriate.

(4) The person preparing the list must publish details of any representations made ... pursuant to subsection (3).

(5) Before publishing a list under subsection (1A), the Welsh Ministers must consult the Secretary of State.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A list published under this section must be reviewed from time to time by the person who published it.

(8) A list revised as a result of a review under subsection (7) must be published (and subsections (2) to (7) have effect in relation to it).

Matters relating to exercise of LBRO's functions

Relationship with other regulators

12

(1) The Secretary of State and a regulator to which this section applies must enter into a memorandum of understanding with each other as to how they will work together in the exercise of their respective functions.

(2) This section applies to the following regulators—

(a) the Environment Agency;

(b) the Food Standards Agency;

(d) the Health and Safety Executive;

(e) the Competition and Markets Authority .

(3) The Secretary of State must consult the Welsh Ministers about—

(a) revising an existing memorandum of understanding, or

(b) entering into a new one,

which relates to a devolved Welsh matter.

Duty not to impose burdens etc

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancillary powers

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ministerial powers in relation to LBRO

Guidance or directions by the Secretary of State

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance or directions by Welsh Ministers

16

(1) The Welsh Ministers may give the Secretary of State —

(a) guidance, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as to the exercise in relation to Wales of any of the Secretary of State’s functions under this Act so far as they relate to a devolved Welsh matter.

(2) Before giving any guidance ... under this section the Welsh Ministers must consult—

(a) the Secretary of State , and

(b) such other persons as the Welsh Ministers consider likely to be affected by the guidance ..., or persons representative of such persons.

(3) The Welsh Ministers must—

(a) publish (in such manner as they consider appropriate) any guidance ... given under this section, and

(b) lay a copy of any such guidance ... before the National Assembly for Wales.

(4) The Secretary of State must have regard to any guidance... given under this section.

(5) The Welsh Ministers may vary or revoke any guidance ... given under this section by further guidance ... under this section.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary and general

Review of LBRO

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to dissolve LBRO

18

(1) The Secretary of State may by order—

(a) provide for LBRO to be dissolved, and

(b) make consequential, supplementary, incidental and transitional provision in relation to its dissolution.

(2) An order under subsection (1) may in particular—

(a) provide for the transfer of the property, rights and liabilities of LBRO to another person;

(b) provide for the transfer of the functions of LBRO to another person;

(c) provide that anything done by or in relation to LBRO is, so far as is necessary for continuing its effect, to have effect as if done by or in relation to another person;

(d) provide for anything (which may include legal proceedings) which is in the process of being done by or in relation to LBRO when a transfer under the order takes effect to be continued by or in relation to another person;

(e) provide for a reference to LBRO in an enactment, instrument or other document to be treated as a reference to another person.

(3) Provision under subsection (2)(a) may include provision for property, rights or liabilities to be transferred—

(a) whether or not they would otherwise be capable of being transferred,

(b) without any instrument or other formality being required, and

(4) Provision under subsection (2)(a) for the transfer of rights and liabilities relating to employees of LBRO must include provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) to apply in relation to the transfer.

(5) Provision under subsection (2)(a) or (b) may include provision establishing a body corporate to which property, rights and liabilities, or functions, are transferred.

(6) Before making an order under this section the Secretary of State must consult—

(a) the Welsh Ministers, and

(b) such persons (or persons representative of such persons) as appear to the Secretary of State to be substantially affected by the dissolution of LBRO.

(7) The provision which may be made by an order under this section may be made by repealing, revoking or amending an enactment (whenever passed or made).

Dissolution of LBRO: tax

19

(1) Where an order under section 18 makes provision under subsection (2)(a) of that section, the Treasury may by regulations make provision for varying the way in which a relevant tax has effect in relation to—

(a) the property, rights or liabilities transferred, or

(b) anything done for the purposes of, or in relation to, the transfer.

(2) The provision which may be made under subsection (1)(a) includes in particular provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to the property, rights or liabilities transferred;

(b) the property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to the property, rights or liabilities transferred.

(3) The provision which may be made under subsection (1)(b) includes in particular provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, the transfer;

(b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.

(4) In this section—

“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty or stamp duty reserve tax;

“tax provision” means a provision of an enactment about a relevant tax.

Orders under Part 1

20

(1) An order or regulations under this Part must be made by statutory instrument.

(2) A statutory instrument containing an order made by the Secretary of State under section 4(7)... is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) A statutory instrument containing an order made by the Secretary of State under section 4(4) or 18 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A statutory instrument containing regulations made by the Treasury under section 19 is subject to annulment in pursuance of a resolution of the House of Commons.

Interpretation of Part 1

21

In this Part—

“local authority” has the meaning given in section 3;

“relevant function” has the meaning given in section 4.

Part 2 — Co-ordination of regulatory enforcement

Introductory

Scope of Part 2

22

(A1) This Part applies in relation to a person if the Secretary of State is satisfied that the person is within subsection (1) or (1A).

(1) A person is within this subsection if—

(a) the person carries on an activity in the area of two or more local authorities, and

(b) each of those authorities has the same relevant function in relation to that activity.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.