Part 2

Co-ordination of regulatory enforcement

Introductory

Scope of Part 2
22
A1
This Part applies in relation to a person if the Secretary of State is satisfied that the person is within subsection (1) or (1A).
1
A person is within this subsection if—
a
the person
carries on an activity in the area of two or more local authorities, and
b
each of those authorities has the same relevant function in relation to that activity.
1A
A person (P) is within this subsection if each of the conditions in subsection (1B) is met.
1B
The conditions are—
a
that P carries on an activity in relation to which a local authority exercises a relevant function;
b
that the effect of arrangements made by P with any organisation or other person is that P's approach to compliance, in respect of the relevant function, is one that is shared with another person (Q) who carries on the activity;
c
that—
i
at least one of P and Q carries on the activity in the area of two or more local authorities, or
ii
Q carries on the activity in the area of a local authority in which P does not carry on the activity.
2
In this Part, references to “the regulated person” are to a person to whom this Part applies.
3
The Secretary of State may from time to time publish guidance about matters likely to be taken into account for the purposes of subsection (1B)(b).
4
The guidance may be published in such manner as the Secretary of State considers appropriate.
Pt. 2: 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)(b), Sch. 1 (with Sch. 2)
Words in s. 22(1) substituted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(3), 103(3); S.I. 2013/2227, art. 2(d)
S. 22(1A)(1B) inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(4), 103(3); S.I. 2013/2227, art. 2(d)
S. 22(2)-(4) substituted for s. 22(2) (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(5), 103(3); S.I. 2013/2227, art. 2(d)
S. 22(A1) inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(2), 103(3); S.I. 2013/2227, art. 2(d)
Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)