Regulatory Enforcement and Sanctions Act 2008

Regulatory Enforcement and Sanctions Act 2008

2008 CHAPTER 13

Commentary on Sections

Part 1: Local Better Regulation Office

General functions of LBRO

Section 7: Guidance to local authorities: enforcement

31. Section 7 allows LBRO to give directions to a local authority to comply with any guidance that has been issued by it under section 6, or guidance issued by another body (such as a national regulator), which relates to the exercise of a relevant function.

32. Before issuing a direction under section 7, LBRO must consult the local authorities to whom the direction is being given; any relevant regulator; and any other persons that LBRO considers appropriate. Subsection (6) defines a relevant regulator as ‘a person (other than a local authority in England and Wales) with regulatory functions which relate to the matter to which the direction relates’.

33. Subsection (2) requires LBRO to obtain the consent of the Secretary of State before issuing any direction under this section. Any such direction to one or more local authorities in Wales in relation to a Welsh ministerial function is subject to the consent of the Welsh Ministers. Where LBRO issues a direction to two or more local authorities in England and Wales, consent by the Secretary of State or Welsh Ministers must be made by order, subject to the negative resolution procedure (see section 20(2)).

34. Subsection (7) requires LBRO to publish any directions that it issues under this section. Under subsection (8) LBRO may vary or revoke any guidance issued under this section by issuing further guidance under this section.