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Regulatory Enforcement and Sanctions Act 2008

Primary Authorities

Section 25:  Primary authorities

66.This section allows LBRO to nominate a local authority to act as the “primary authority” for the exercise of a relevant function in relation to a particular regulated person as defined at section 22.

67.The functions of primary authorities are set out in sections 27 to 30.

Section 26: Nomination of primary authorities

68.Section 26 sets out the procedure for nomination of a local authority as a primary authority. Where an authority has agreed in writing to act as a primary authority for a particular regulated person, LBRO may nominate that local authority as a primary authority. Where a regulated person has been unable to agree with a local authority that it will act as its primary authority, LBRO may nominate a local authority to act as a primary authority for the regulated person.

69.Subsection (2) provides guidance to LBRO regarding which authorities might be suitable candidates to be primary authorities in respect of a relevant function for a regulated person. For example, where a business has its head office in one local authority area and operational premises in a number of different local authority areas, LBRO may choose to nominate as a primary authority either the authority in whose area the most significant operational premises are located, or the authority in whose area the head office is located. It may be that LBRO nominates one local authority as the primary authority in respect of one relevant function for the business in question, for example trading standards matters, and a different authority in respect of another relevant function, for example environmental health matters. Subsection (3) requires LBRO to consult with the regulated person making the application and the authority that it proposes to nominate as the primary authority, before nominating a local authority.

70.Subsection (4) requires LBRO to pay particular regard to any representations made by the proposed primary authority regarding the resources available to it.

71.Subsection (6) requires LBRO to maintain a register of any such nominations. Registration can be revoked under subsection (5) where LBRO considers that the authority is no longer suitable for nomination, or that it is appropriate to do so for any other reason.

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