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Regulatory Enforcement and Sanctions Act 2008

Ministerial powers in relation to LBRO

Section 15: Guidance or directions by the Secretary of State

46.Subsection (1) confers on the Secretary of State the power to give LBRO guidance or directions as to the exercise of its functions. Subsection (4) requires LBRO to have regard to the guidance and to comply with any directions made under this section.

47.Before giving guidance or directions, the Secretary of State must consult LBRO and such other persons as are likely to be affected by the guidance or directions, or persons representative of such persons. Guidance or directions must be published and a copy laid before Parliament.

48.Subsection (7) prohibits the Secretary of State from issuing a direction to LBRO requiring it to direct two or more local authorities to comply with guidance it has given under section 6 or guidance issued by another national body (such as a national regulator).

Section 16: Guidance or directions by Welsh Ministers

49.Section 16 creates an equivalent power to that set out in section 15 for Welsh Ministers in relation to Welsh ministerial matters. Under subsection (3), a copy of the guidance or directions must be laid before the National Assembly for Wales.

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