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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

7Guidance to local authorities: enforcement

This section has no associated Explanatory Notes

(1)LBRO may at any time, if it thinks it appropriate to do so, direct one or more local authorities in England or Wales to comply with—

(a)any guidance given under section 6 which relates to the exercise of a relevant function, or

(b)any guidance given under an enactment by another person which relates to the exercise of a relevant function.

(2)LBRO may not give a direction under this section without the consent of the Secretary of State, except in a case to which subsection (3) applies.

(3)LBRO may not give a direction under this section to one or more local authorities in Wales in relation to a Welsh ministerial matter without the consent of the Welsh Ministers.

(4)Where a direction under this section relates to two or more local authorities in England and Wales, consent under subsection (2) or (3) must be given by order.

(5)Before giving a direction under this section LBRO must consult—

(a)the local authorities in England or Wales to whom the direction is to be given,

(b)any relevant regulator, and

(c)such other persons as LBRO considers appropriate.

(6)In subsection (5)(b) “relevant regulator” means a person (other than a local authority in England or Wales) with regulatory functions which relate to the matter to which the direction relates.

(7)LBRO must publish (in such manner as it considers appropriate) any direction given by it under this section.

(8)A direction under this section may be revoked or varied by a further direction under this section.

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