C1Part 1The Local Better Regulation Office
General functions of LBRO
5Objective relating to general functions
1
F1In exercising their functions under sections 6 to 10 the Secretary of State and the Welsh Ministers have the objective of securing that local authorities in England and Wales exercise their relevant functions—
a
effectively,
b
in a way which does not give rise to unnecessary burdens, and
c
in a way which conforms with the principles in subsection (2).
2
Those principles are that—
a
regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent;
b
regulatory activities should be targeted only at cases in which action is needed.
6Guidance to local authorities
F21
It is a function of the Secretary of State to give guidance to—
a
one or more local authorities in England,
b
one or more local authorities in Wales, or
c
local authorities in England and Wales
as to how to exercise their relevant functions (other than functions relating to F14devolved Welsh matters).
1A
It is a function of the Welsh Ministers to give guidance to one or more local authorities in Wales as to how to exercise their relevant functions which relate to F14devolved Welsh matters.
2
Guidance under subsection (1) F3or (1A) —
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
may relate to any one or more relevant functions;
c
may relate to the exercise of one or more relevant functions in a particular case.
3
A local authority in England or Wales must have regard to any guidance given to it under this section.
4
Before giving guidance under this section in relation to any relevant function F4the person giving the guidance must consult—
a
the persons whose activities are regulated by the exercise of the function, or persons representative of such persons,
b
such local authorities in England and Wales, or such persons representative of local authorities in England and Wales, as F4the person giving the guidance considers appropriate, and
c
such other persons as F4the person giving the guidance considers appropriate.
F55
The person giving guidance under this section must publish it in such manner as that person considers appropriate.
6
F97Guidance to local authorities: enforcement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108Financial support and assistance to local authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F119Advice to Ministers of the Crown
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10Advice to Welsh Ministers
1
F12The Secretary of State may at any time give advice or make proposals to the Welsh Ministers on—
a
the way in which any one or more local authorities in Wales exercise any of their relevant functions in relation to any F15devolved Welsh matter;
b
the effectiveness of legislation (or proposed legislation) relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter;
c
whether any other regulatory functions could appropriately be exercised by local authorities in Wales in relation to any such matter;
d
anything else relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter.
F132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 1: transfer of functions (1.4.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 2, 4(1)(a), Sch. 1 (with Sch. 2)