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Regulatory Enforcement and Sanctions Act 2008

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  1. Introductory Text

  2. Part 1 The Local Better Regulation Office

    1. Establishment of LBRO

      1. 1.LBRO

      2. 2.Dissolution of the LBRO company

    2. Definitions

      1. 3.“Local authority”

      2. 4.“Relevant function”

    3. General functions of LBRO

      1. 5.Objective relating to general functions

      2. 6.Guidance to local authorities

      3. 7.Guidance to local authorities: enforcement

      4. 8.Financial support and assistance to local authorities

      5. 9.Advice to Ministers of the Crown

      6. 10.Advice to Welsh Ministers

    4. Function relating to enforcement priorities

      1. 11.Enforcement priorities

    5. Matters relating to exercise of LBRO's functions

      1. 12.Relationship with other regulators

      2. 13.Duty not to impose burdens etc

      3. 14.Ancillary powers

    6. Ministerial powers in relation to LBRO

      1. 15.Guidance or directions by the Secretary of State

      2. 16.Guidance or directions by Welsh Ministers

    7. Supplementary and general

      1. 17.Review of LBRO

      2. 18.Power to dissolve LBRO

      3. 19.Dissolution of LBRO: tax

      4. 20.Orders under Part 1

      5. 21.Interpretation of Part 1

  3. Part 2 Co-ordination of regulatory enforcement

    1. Introductory

      1. 22.Scope of Part 2

      2. 23.“Local authority”

      3. 24.“Relevant function”

    2. Primary authorities

      1. 25.Primary authorities

      2. 26.Nomination of primary authorities

    3. Functions of primary authorities

      1. 27.Advice and guidance

      2. 28.Enforcement action

      3. 29.Enforcement action: exclusions

      4. 30.Inspection plans

    4. Primary authorities: supplementary

      1. 31.Power to charge

      2. 32.LBRO support

    5. General

      1. 33.LBRO guidance

      2. 34.Orders under Part 2

      3. 35.Interpretation of Part 2

  4. Part 3 Civil sanctions

    1. Orders under Part 3: introductory

      1. 36.Power to make orders providing for civil sanctions

      2. 37.“Regulator”

      3. 38.“Relevant offence”

    2. Fixed monetary penalties

      1. 39.Fixed monetary penalties

      2. 40.Fixed monetary penalties: procedure

      3. 41.Fixed monetary penalties: criminal proceedings and conviction

    3. Discretionary requirements

      1. 42.Discretionary requirements

      2. 43.Discretionary requirements: procedure

      3. 44.Discretionary requirements: criminal proceedings and conviction

      4. 45.Discretionary requirements: enforcement

    4. Stop notices

      1. 46.Stop notices

      2. 47.Stop notices: procedure

      3. 48.Stop notices: compensation

      4. 49.Stop notices: enforcement

    5. Enforcement undertakings

      1. 50.Enforcement undertakings

    6. Orders under Part 3: supplementary provision

      1. 51.Combination of sanctions

      2. 52.Monetary penalties

      3. 53.Costs recovery

      4. 54.Appeals

      5. 55.Other provision

    7. Orders under Part 3: exclusions

      1. 56.Excluded provision: Scotland

      2. 57.Excluded provision: Northern Ireland

    8. Orders under Part 3: procedure

      1. 58.Consultation and consent: Scotland

      2. 59.Consultation and consent: Wales

      3. 60.Consultation: general

      4. 61.Parliamentary and Assembly procedure

    9. Extension of powers to make subordinate legislation

      1. 62.Offences under subordinate legislation

    10. Guidance

      1. 63.Guidance as to use of civil sanctions

      2. 64.Guidance as to enforcement of relevant offences

      3. 65.Publication of enforcement action

    11. Exercise of powers: general

      1. 66.Compliance with regulatory principles

      2. 67.Review

      3. 68.Suspension

    12. Supplementary and general

      1. 69.Payment of penalties into Consolidated Fund etc

      2. 70.Disclosure of information

      3. 71.Interpretation of Part 3

  5. Part 4 Regulatory burdens

    1. 72.Duty not to impose or maintain unnecessary burdens

    2. 73.Functions to which section 72 applies

  6. Part 5 General

    1. 74.General interpretation

    2. 75.Extent

    3. 76.Commencement

    4. 77.Short title

  7. SCHEDULES

    1. SCHEDULE 1

      LBRO: supplementary

      1. Status

        1. 1.(1) LBRO is not to be regarded as a servant...

      2. Membership

        1. 2.LBRO is to consist of ordinary and ex officio members....

        2. 3.(1) There are to be at least five and no...

        3. 4.(1) The ex officio members are to be—

        4. 5.Service as a member of LBRO is not service in...

      3. Tenure

        1. 6.(1) Subject to the other provisions of this Schedule, a...

      4. Employees

        1. 7.(1) LBRO is to have a Chief Executive.

      5. Committees

        1. 8.(1) LBRO may establish one or more committees.

      6. Proceedings

        1. 9.(1) Subject to this Schedule, LBRO may regulate—

      7. Delegation

        1. 10.LBRO may delegate any of its functions to any of...

      8. Funding

        1. 11.(1) The Secretary of State may make grants to LBRO...

      9. Annual report

        1. 12.(1) LBRO must, as soon as practicable after the end...

      10. Accounts

        1. 13.(1) LBRO must keep proper accounts and proper records in...

      11. Financial year

        1. 14.(1) The financial year of LBRO is the period of...

      12. Instruments and authentication

        1. 15.(1) The fixing of the seal of LBRO shall be...

      13. Records

        1. 16.In the Public Records Act 1958 (c. 51), in Schedule...

      14. Parliamentary disqualification

        1. 17.In the House of Commons Disqualification Act 1975 (c. 24),...

      15. Investigation

        1. 18.In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule...

      16. Freedom of information

        1. 19.In the Freedom of Information Act 2000 (c. 36), in...

      17. Transitional provisions

        1. 20.(1) A person who immediately before the day on which...

    2. SCHEDULE 2

      Replacement of the LBRO company by LBRO

      1. Transfer of staff

        1. 1.(1) For the purposes of TUPE— (a) the functions conferred...

      2. Transfer of property, rights and liabilities

        1. 2.(1) All the property, rights and liabilities to which the...

      3. Tax

        1. 3.(1) For the purposes of any enactment about income tax...

      4. Continuity between the LBRO company and LBRO

        1. 4.(1) Anything done by or in relation to the LBRO...

        2. 5.Anything (including legal proceedings) which, immediately before the day on...

        3. 6.So far as is necessary or appropriate in consequence of...

    3. SCHEDULE 3

      Enactments specified for the purposes of Part 1

      1. Accommodation Agencies Act 1953 (c. 23), section 1 Administration of...

    4. SCHEDULE 4

      Enforcement action: references to LBRO

      1. Reference by enforcing authority

        1. 1.(1) If the primary authority directs the enforcing authority as...

      2. Reference by regulated person

        1. 2.(1) If the primary authority does not direct the enforcing...

      3. Reference by primary authority

        1. 3.(1) The primary authority may with the consent of LBRO,...

      4. Effect of reference

        1. 4.The enforcing authority may not take the proposed enforcement action—...

      5. Consultation

        1. 5.(1) Before making a determination for the purposes of this...

      6. Procedure: general

        1. 6.(1) LBRO must determine any reference under this Schedule within...

      7. Guidance and directions

        1. 7.(1) LBRO may give guidance or directions to any one...

      8. Information

        1. 8.For the purposes of this Schedule LBRO may require the...

    5. SCHEDULE 5

      Designated regulators

      1. British Hallmarking Council Charity Commission for England and Wales Coal...

    6. SCHEDULE 6

      Enactments specified for the purposes of orders under Part 3

      1. Accommodation Agencies Act 1953 (c. 23), section 1 Administration of...

    7. SCHEDULE 7

      Enactments specified for the purposes of section 62

      1. Activity Centres (Young Persons' Safety) Act 1995 (c. 15), section...

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