Regulatory Enforcement and Sanctions Act 2008

Primary authorities

25 Primary authorities

(1) For the purposes of this Part LBRO may nominate a local authority to be the “primary authority” for the exercise of the relevant function in relation to the regulated person.

(2) Sections 27 to 32 apply in any case where a primary authority is nominated under this section in relation to the regulated person.

26 Nomination of primary authorities

(1) LBRO may only nominate a local authority under section 25(1) in relation to the regulated person if—

(a) the authority and the regulated person have agreed in writing to the nomination, or

(b) the regulated person has requested LBRO to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person,

and LBRO considers the authority suitable for nomination.

(2) LBRO may in particular consider as suitable for nomination under subsection (1)—

(a) the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised;

(b) the local authority in whose area the regulated person administers the carrying out of that activity.

(3) Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) LBRO must consult—

(a) that authority, and

(b) the regulated person.

(4) LBRO must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it.

(5) LBRO may at any time revoke a nomination under section 25(1) if—

(a) it considers that the authority is no longer suitable for nomination, or

(b) it considers it appropriate to do so for any other reason,

and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination.

(6) LBRO must maintain, or cause to be maintained, a register of nominations under section 25(1).