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Regulatory Enforcement and Sanctions Act 2008

Section 6: Guidance to local authorities

28.Under section 6, LBRO has the function of giving guidance to local authorities as to how they should exercise their relevant functions. Guidance issued under section 6 may be given to one or more local authorities and may relate to one or more relevant functions. This means that LBRO could, for example, give guidance to a single local authority about how often it should be carrying out inspections of premises of a certain type, or more general guidance relevant to all authorities on how to enforce specific pieces of legislation, or in respect of areas of regulation.

29.LBRO may also issue guidance relating to the way in which a local authority exercises its functions in a particular case. This means that LBRO could, for example, issue guidance to a local authority about the way in which it is enforcing trading standards rules in respect of a particular business. Local authorities are required to have regard to guidance issued by LBRO under this section. Under subsection (6), LBRO may vary or revoke any guidance issued under this section by issuing further guidance under this section.

30.Before giving guidance, LBRO must consult: those persons whose activities are regulated by the exercise of the function, or persons representative of such persons (businesses and trade associations for example); local authorities in England and Wales, or such persons representative of local authorities in England and Wales (for example, the Local Government Association and LACORS (Local Authority Co-ordinators of Regulatory Services) as LBRO considers appropriate. LBRO must also consult any other persons it considers appropriate. These are likely to include businesses and other bodies that are subject to regulation, any relevant regulators, and relevant representative bodies such as the Trading Standards Institute or the Chartered Institute of Environmental Health.

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