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Regulatory Enforcement and Sanctions Act 2008

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Changes over time for: Cross Heading: Ministerial powers in relation to LBRO

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Version Superseded: 02/02/2012

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Status:

Point in time view as at 01/10/2008.

Changes to legislation:

Regulatory Enforcement and Sanctions Act 2008, Cross Heading: Ministerial powers in relation to LBRO is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Ministerial powers in relation to LBROU.K.

15Guidance or directions by the Secretary of StateU.K.

(1)The Secretary of State may give LBRO—

(a)guidance, or

(b)directions,

as to the exercise of any of its functions.

(2)Before giving any guidance or directions under this section the Secretary of State must consult—

(a)LBRO, and

(b)such other persons as the Secretary of State considers likely to be affected by the guidance or directions, or persons representative of such persons.

(3)The Secretary of State must—

(a)publish (in such manner as the Secretary of State considers appropriate) any guidance or directions given under this section, and

(b)lay a copy of any such guidance or directions before Parliament.

(4)LBRO must have regard to any guidance, and comply with any directions, given under this section.

(5)The Secretary of State may vary or revoke any guidance or directions given under this section by further guidance or directions under this section.

(6)The Secretary of State may not under subsection (1)(b) give LBRO directions relating to the exercise of its functions under section 7 in relation to two or more local authorities in England and Wales.

(7)The Secretary of State may by order require LBRO to exercise its functions under section 7 in relation to two or more local authorities in England and Wales in such manner as may be specified in the order.

16Guidance or directions by Welsh MinistersU.K.

(1)The Welsh Ministers may give LBRO—

(a)guidance, or

(b)directions,

as to the exercise in relation to Wales of any of its functions relating to a Welsh ministerial matter.

(2)Before giving any guidance or directions under this section the Welsh Ministers must consult—

(a)LBRO, and

(b)such other persons as the Welsh Ministers consider likely to be affected by the guidance or directions, or persons representative of such persons.

(3)The Welsh Ministers must—

(a)publish (in such manner as they consider appropriate) any guidance or directions given under this section, and

(b)lay a copy of any such guidance or directions before the National Assembly for Wales.

(4)LBRO must have regard to any guidance, and comply with any directions, given under this section.

(5)The Welsh Ministers may vary or revoke any guidance or directions given under this section by further guidance or directions under this section.

(6)The Welsh Ministers may not under subsection (1)(b) give LBRO directions relating to the exercise of its functions under section 7 in relation to two or more local authorities in Wales.

(7)The Welsh Ministers may by order require LBRO to exercise its functions under section 7 in relation to two or more local authorities in Wales, so far as relating to a Welsh ministerial matter, in such manner as may be specified in the order.

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