(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.
Textual Amendments
F1Words 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)
[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 Welsh ministerial 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 Welsh ministerial matters.]
(2)Guidance under subsection (1) [F3or (1A)] —
F4(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 [F5the 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 LBRO considers appropriate, and
(c)such other persons as [F5the person giving the guidance] considers appropriate.
[F6(5)The person giving guidance under this section must publish it in such manner as that person considers appropriate.]
(6)[F7The person giving the guidance] may vary or revoke any guidance given F8... under this section by further guidance under this section.
Textual Amendments
F2S. 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)
F3Words 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)
F4S. 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)
F5Words 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)
F6S. 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)
F7Words 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)
F8Words 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)
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Textual Amendments
F9S. 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)
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Textual Amendments
F10S. 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)
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Textual Amendments
F11S. 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)
(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 Welsh ministerial 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.
F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Words 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)
F13S. 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)
