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Regulatory Enforcement and Sanctions Act 2008

Territorial Application: Wales

13.All Parts of the Act apply in Wales in respect of both reserved and devolved matters.

14.Part 1 gives powers to the Welsh Ministers in areas where they have functions that are broadly comparable to those granted to UK Ministers with regard to LBRO’s operations. Any extension of LBRO’s scope, by adding enactments to Schedule 3 or adding matters to section 4(3), will require the consent of the Welsh Ministers if the extension relates to local authorities in Wales in respect of a Welsh ministerial matter (section 4(6) and (7)). Section 7 ensures that, where LBRO gives directions to a local authority in Wales with regard to Welsh ministerial matters, it will need to have the consent of the Welsh Ministers. Under section 10, LBRO may give advice or make proposals to Welsh Ministers regarding the way in which local authorities in Wales exercise their regulatory functions in relation to any Welsh ministerial matter. Section 11(1)(b) allows LBRO to issue a list of enforcement priorities for Welsh local authorities subject to approval by the Welsh Ministers. Section 16 of the Act provides that Welsh Ministers may give LBRO guidance and directions as to the exercise of its functions in relation to any matter in respect of which the Welsh Ministers exercise functions. Any orders made by the Secretary of State under sections 28 and 29 are subject to the consent of the Welsh Ministers. Schedule 1 requires the Secretary of State to consult the Welsh Ministers before making LBRO board appointments; it also allows the Welsh Ministers to make grants to LBRO of such amounts as they think fit.

15.Under Part 3, section 36 provides that the powers given to Ministers of the Crown in the Act can also be used by the Welsh Ministers where the provision in question relates to a Welsh Ministerial matter. Under section 59, Ministers of the Crown must consult with Welsh Ministers before making an order under the Act that will affect the sanctioning of an offence that applies in or relates to Wales. They must obtain their consent before making an order, which relates to a Welsh Ministerial matter.

16.Under Part 4, section 73 provides that where the regulatory functions included in subsection (2) are exercisable in Wales, they shall not include Welsh Ministerial matters and powers given to Ministers of the Crown in this Part can also be used by Welsh Ministers for regulatory functions which relate to a Welsh Ministerial matter.

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