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Regulatory Enforcement and Sanctions Act 2008

Matters relating to the exercise of LBRO’s functions

Section 12: Relationship with other regulators

42.Section 12 requires LBRO and five named regulators to enter into memoranda of understanding with each other as a basis for co-operation and co-ordinating their work together. Subsection (2) lists the regulators with whom LBRO must enter into a memorandum of understanding, namely: the Environment Agency, the Food Standards Agency, the Gambling Commission, the Health and Safety Executive, and the Office of Fair Trading. It is deemed particularly important that LBRO enter into memoranda of understanding with these five regulators as they all have functions that overlap with areas in which LBRO has functions.

Section 13: Duty not to impose burdens etc

43.Subsection (1) requires LBRO to secure that the exercise of its functions does not impose burdens, which are unnecessary or maintain burdens that have become unnecessary. Subsection (2) specifies that unnecessary burdens need not be removed where to do so would be impracticable or disproportionate.

44.Subsection (3) requires LBRO to secure that it exercises its functions in a way that is transparent, accountable, proportionate, and consistent, and that it targets its activities only at cases where action is needed. These are the Better Regulation Commission’s Principles of Good Regulation.

Section 14: Ancillary powers

45.Section 14 confers on LBRO the power to do anything that it thinks necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

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