Part 2

Co-ordination of regulatory enforcement

Functions of primary authorities

Enforcement action
28
1
Subject as follows, a local authority other than the primary authority (“
the enforcing authority
”) must notify the primary authority before taking any enforcement action against the regulated person pursuant to the relevant function.
2
If the primary authority determines within the relevant period that the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically), it may within that period direct the enforcing authority not to take the enforcement action.
3
If the enforcing authority is not directed as specified in subsection (2) and continues to propose to take the enforcement action, it must inform the regulated person.
4
The enforcing authority may not take the proposed enforcement action—
a
at any time during the relevant period;
b
at any time after the end of that period, if it is directed as specified in subsection (2).
5
In this Part “
enforcement action
” means, subject to subsection (6)—
a
any action which relates to securing compliance with any restriction, requirement or condition in the event of breach (or putative breach) of a restriction, requirement or condition;
b
any action taken with a view to or in connection with the imposition of any sanction (criminal or otherwise) in respect of an act or omission;
c
any action taken with a view to or in connection with the pursuit of any remedy conferred by an enactment in respect of an act or omission.
6
The Secretary of State may by order with the consent of the Welsh Ministers specify action which is or is not to be regarded as enforcement action for the purposes of this Part.
7
Schedule 4 (which makes provision for questions arising under this section to be referred to
the Secretary of State
) has effect.
8
Where an enactment limits the period within which the enforcing authority may take the proposed enforcement action, any time during which the authority is prohibited under this section or Schedule 4 from taking the action is to be disregarded in calculating that period.
9
For the purposes of this section “
relevant period
” means—
a
the period of five working days beginning with the day after that on which the primary authority is notified under subsection (1), or
b
such longer period beginning with that day as
the Secretary of State
may direct.
10
In subsection (9)(b) “
working day
” means a day other than—
a
a Saturday or Sunday,
b
Christmas Day or Good Friday, or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in—
i
the part of the United Kingdom where the primary authority is, or
ii
(if different) the part of the United Kingdom where the enforcing authority is.
S. 28 wholly in force at 6.4.2009; s. 28 not in force at Royal Assent see s. 76(1); s. 28(6)(7) in force at 1.10.2008 by S.I. 2008/2371, art. 2(b); s. 28 in force for all remaining purposes at 6.4.2009 by S.I. 2009/550, art. 2
S. 28(1)-(4) excluded (6.4.2009) by The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 (S.I. 2009/665), arts. 1(1), 3 (as amended (6.4.2014) by S.I. 2014/573, arts. 1, 2(9))
Words in s. 28(7)(9)(b) 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. 12 (with Sch. 2)
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)
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)