Regulatory Enforcement and Sanctions Act 2008

Regulatory Enforcement and Sanctions Act 2008

2008 CHAPTER 13

Commentary on Sections

Part 2: Co-Ordination of Regulatory Enforcement

Functions of primary authorities

Section 29: Enforcement action: exclusions

89. Subsection (1) allows the Secretary of State to prescribe by order the circumstances in which the procedure set out at section 28(1) to (4), requiring consultation before taking an enforcement action, shall not apply.

90. Under subsection (2), where an enforcing authority takes enforcement action against a regulated person where the provisions of an order made under subsection (1) apply, the enforcing authority must inform the relevant primary authority of the enforcement action as soon as it reasonably can.

91. Subsection (3) requires the Secretary of State to include in any order made under subsection (1) exclusions where:

a)

the enforcement action is urgently required to avoid a significant risk of serious harm to human health or the environment (including the health of animals or plants) or the financial interest of consumers;

b)

the application of section 27(1) to (4) would be wholly disproportionate.

92. An order under subsection (1) may also, for example, specify that consultation with a primary authority is not required where:

a)

the regulatory provisions in question are deliberately local in character;

b)

it would be impractical to contact the primary authority.