Regulatory Enforcement and Sanctions Act 2008
Regulatory Enforcement and Sanctions Act 2008 (2008 c. 13)
- Regulatory Enforcement and Sanctions Act 2008 (2008 c. 13)
- Part 1 The Local Better Regulation Office
- Establishment of LBRO
- 1 LBRO
- 2 Dissolution of the LBRO company
- Definitions
- 3 “Local authority”
- 4 “Relevant function”
- General functions of LBRO
- 5 Objective relating to general functions
- 6 Guidance to local authorities
- 7 Guidance to local authorities: enforcement
- 8 Financial support and assistance to local authorities
- 9 Advice to Ministers of the Crown
- 10 Advice to Welsh Ministers
- Function relating to enforcement priorities
- 11 Enforcement priorities
- Matters relating to exercise of LBRO's functions
- 12 Relationship with other regulators
- 13 Duty not to impose burdens etc
- 14 Ancillary powers
- Ministerial powers in relation to LBRO
- 15 Guidance or directions by the Secretary of State
- 16 Guidance or directions by Welsh Ministers
- Supplementary and general
- 17 Review of LBRO
- 18 Power to dissolve LBRO
- 19 Dissolution of LBRO: tax
- 20 Orders under Part 1
- 21 Interpretation of Part 1
- Part 2 Co-ordination of regulatory enforcement
- Introductory
- 22 Scope of Part 2
- 23 “Local authority”
- 24 “Relevant function”
- Primary authorities
- 25 Primary authorities
- 26 Nomination of primary authorities
- Functions of primary authorities
- 27 Advice and guidance
- 28 Enforcement action
- 29 Enforcement action: exclusions
- 30 Inspection plans
- Primary authorities: supplementary
- 31 Power to charge
- 32 LBRO support
- General
- 33 Guidance from the Secretary of State
- 34 Orders under Part 2
- 35 Interpretation of Part 2
- PART 2 Regulatory Enforcement
- Introductory
- 22A “Regulated person” and “regulated group”
- 22B “Qualifying regulator”
- 22C “Relevant function”
- Primary authorities
- 23A Primary authorities for regulated persons and regulated groups
- 23B Nomination of primary authorities
- 23C “Co-ordinator” of a regulated group
- 23D Membership of a regulated group
- 23E Application of sections 24A to 28B
- Advice and guidance
- 24A Primary authority advice and guidance
- Enforcement action
- 25A “Enforcement action”
- 25B Enforcement action by primary authority
- 25C Enforcement action other than by primary authority
- 25D Enforcement action: exceptions
- Inspection plans
- 26A Inspection plans
- 26B Effect of inspection plans
- 26C Revocation and revision of inspection plans
- Primary authority's costs
- 27A Power to charge
- Other regulators
- 28A Support of primary authority by other regulators
- 28B Other regulators to act consistently with primary authority advice etc
- Cases with more than one primary authority
- 29A Primary authority enforcement action inconsistent with another authority's advice etc
- 29B Concurrent duties to notify primary authorities of enforcement action
- 29C Enforcement action notified to a primary authority inconsistent with another authority's advice etc
- 29D Overlapping inspection plans
- General
- 30A Guidance and directions
- 30B Periods of time under Part 2
- 30C Regulations under Part 2
- 30D Interpretation of Part 2
- Part 3 Civil sanctions
- Orders under Part 3: introductory
- 36 Power to make orders providing for civil sanctions
- 37 “Regulator”
- 38 “Relevant offence”
- Fixed monetary penalties
- 39 Fixed monetary penalties
- 40 Fixed monetary penalties: procedure
- 41 Fixed monetary penalties: criminal proceedings and conviction
- Discretionary requirements
- 42 Discretionary requirements
- 43 Discretionary requirements: procedure
- 44 Discretionary requirements: criminal proceedings and conviction
- 45 Discretionary requirements: enforcement
- Stop notices
- 46 Stop notices
- 47 Stop notices: procedure
- 48 Stop notices: compensation
- 49 Stop notices: enforcement
- Enforcement undertakings
- 50 Enforcement undertakings
- Orders under Part 3: supplementary provision
- 51 Combination of sanctions
- 52 Monetary penalties
- 53 Costs recovery
- 54 Appeals
- 55 Other provision
- Orders under Part 3: exclusions
- 56 Excluded provision: Scotland
- 57 Excluded provision: Northern Ireland
- Orders under Part 3: procedure
- 58 Consultation and consent: Scotland
- 59 Consultation and consent: Wales
- 60 Consultation: general
- 61 Parliamentary and Assembly procedure
- Extension of powers to make subordinate legislation
- 62 Offences under subordinate legislation
- Guidance
- 63 Guidance as to use of civil sanctions
- 64 Guidance as to enforcement of relevant offences
- 65 Publication of enforcement action
- Exercise of powers: general
- 66 Compliance with regulatory principles
- 67 Review
- 68 Suspension
- Supplementary and general
- 69 Payment of penalties into Consolidated Fund etc
- 70 Disclosure of information
- 71 Interpretation of Part 3
- Part 4 Regulatory burdens
- 72 Duty not to impose or maintain unnecessary burdens
- 73 Functions to which section 72 applies
- Part 5 General
- 74 General interpretation
- 75 Extent
- 76 Commencement
- 77 Short title
- SCHEDULES
- SCHEDULE 1 LBRO: supplementary
- Status
- Membership
- Tenure
- Employees
- Committees
- Proceedings
- Delegation
- Funding
- Annual report
- Accounts
- Financial year
- Instruments and authentication
- Records
- Parliamentary disqualification
- Investigation
- Freedom of information
- Transitional provisions
- SCHEDULE 2 Replacement of the LBRO company by LBRO
- Transfer of staff
- Transfer of property, rights and liabilities
- Tax
- Continuity between the LBRO company and LBRO
- SCHEDULE 3 Enactments specified for the purposes of Part 1
- SCHEDULE 4 Enforcement action: references to the Secretary of State
- Reference by enforcing authority
- Reference by regulated person
- Reference by primary authority
- Effect of reference
- Consultation
- Procedure: general
- Guidance and directions
- Information
- SCHEDULE 4A References to the Secretary of State
- PART 1 Enforcement action by primary authority
- PART 2 Enforcement action other than by primary authority
- Reference by an enforcing authority
- Reference by regulated person or member of the regulated group
- Reference by primary authority
- PART 3 General
- Timing
- Consultation
- Information
- Secretary of State's costs
- Procedure
- SCHEDULE 5 Designated regulators
- SCHEDULE 6 Enactments specified for the purposes of orders under Part 3
- SCHEDULE 7 Enactments specified for the purposes of section 62