Regulatory Enforcement and Sanctions Act 2008 (c. 13)

Part 1 U.K. The Local Better Regulation Office

Modifications etc. (not altering text)

C1 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)

General functions of LBRO U.K.

5 Objective relating to general functions U.K.

(1) [F1 In 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.

Textual Amendments

F1 Words in s. 5(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 3 (with Sch. 2)

6 Guidance to local authorities U.K.

[F2 (1) 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 [F3 devolved 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 [F3 devolved Welsh] matters.]

(2) Guidance under subsection (1) [F4 or (1A)] —

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F6 the 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 [F6 the person giving the guidance] considers appropriate, and

(c) such other persons as [F6 the person giving the guidance] considers appropriate.

[F7 (5) The person giving guidance under this section must publish it in such manner as that person considers appropriate.]

(6) [F8 The person giving the guidance] may vary or revoke any guidance given F9 ... under this section by further guidance under this section.

Textual Amendments

F2 S. 6(1)(1A) substituted for s. 6(1) (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(a) (with Sch. 2)

F3 Words in s. 6(1)(1A) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(b), 44(5); S.I. 2016/695, art. 3(c)

F4 Words in s. 6(2) inserted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(b) (with Sch. 2)

F5 S. 6(2)(a) repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(c) (with Sch. 2)

F6 Words in s. 6(4) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(c) (with Sch. 2)

F7 S. 6(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(d) (with Sch. 2)

F8 Words in s. 6(6) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 4(e) (with Sch. 2)

F9 Words in s. 6(6) repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(d) (with Sch. 2)

F10 7 Guidance to local authorities: enforcement U.K.

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Textual Amendments

F10 S. 7 repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(e) (with Sch. 2)

F11 8 Financial support and assistance to local authorities U.K.

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Textual Amendments

F11 S. 8 repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(f) (with Sch. 2)

F12 9 Advice to Ministers of the Crown U.K.

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Textual Amendments

F12 S. 9 repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(g) (with Sch. 2)

10 Advice to Welsh Ministers U.K.

(1) [F13 The 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 [F14 devolved 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.

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Words in s. 10(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 5 (with Sch. 2)

F14 Words in s. 10(1)(a) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(c), 44(5); S.I. 2016/695, art. 3(c)

F15 S. 10(2) repealed (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 1(h) (with Sch. 2)