Regulatory Enforcement and Sanctions Act 2008

30 Inspection plans

(1) Where a relevant function consists of or includes a function of inspection, the primary authority may in accordance with this section make an inspection plan.

(2) An “inspection plan” is a plan containing recommendations as to how a local authority with the function of inspection should exercise it in relation to the regulated person.

(3) An inspection plan may in particular set out—

(a) the frequency at which, or circumstances in which, inspections should be carried out;

(b) what an inspection should consist of.

(4) Before making an inspection plan the primary authority must consult the regulated person.

(5) When making an inspection plan the primary authority must take into account any relevant recommendations relating to inspections which are published by any person (other than a local authority) pursuant to a regulatory function.

(6) Where a primary authority has made an inspection plan, it must, if LBRO consents to the plan, bring the plan to the notice of the other local authorities with the function of inspection.

(7) A local authority (including the primary authority) exercising the function of inspection in relation to the regulated person must have regard to a plan to which consent has been given under subsection (6).

(8) Before a local authority other than the primary authority exercises the function of inspection in relation to the regulated person otherwise than in accordance with a plan to which consent has been given under subsection (6), it must notify the primary authority.

(9) A notification under subsection (8) must include reasons for exercising the function otherwise than in accordance with the plan.

(10) A primary authority may from time to time revise a plan made by it under this section (and subsections (3) to (9) apply in relation to any revision of the plan).