Regulatory Enforcement and Sanctions Act 2008

SCHEDULES

Section 1

SCHEDULE 1 U.K. LBRO: supplementary

Status U.K.

1 (1) LBRO is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. U.K.

(2) The property of LBRO is not to be regarded as the property of, or property held on behalf of, the Crown.

Membership U.K.

2 U.K. LBRO is to consist of ordinary and ex officio members.

3 (1) There are to be at least five and no more than ten ordinary members. U.K.

(2) One of the ordinary members is to be the chair of LBRO.

(3) The chair and other ordinary members are to be appointed by the Secretary of State after consulting the Welsh Ministers.

(4) The Secretary of State must consult the chair before appointing the other ordinary members.

(5) LBRO is to pay to or in respect of the ordinary members such sums as the Secretary of State may determine by way of or in respect of remuneration, allowances, expenses, pensions or gratuities.

(6) If the Secretary of State thinks that there are special circumstances that make it right for a person ceasing to be an ordinary member of LBRO to receive compensation, LBRO must pay to that person such compensation as the Secretary of State may determine.

4 (1) The ex officio members are to be— U.K.

(a) the Chief Executive of LBRO (see paragraph 7), and

(b) such other employees of LBRO as may for the time being be appointed by the chair after consulting the Chief Executive.

(2) The number of ex officio members appointed under sub-paragraph (1)(b) may not at any time exceed—

(a) such number as may for the time being be specified by the Secretary of State, or

(b) half the number of ordinary members.

5 U.K. Service as a member of LBRO is not service in the civil service of the State.

Tenure U.K.

6 (1) Subject to the other provisions of this Schedule, a person holds and vacates office as a member of LBRO in accordance with the terms and conditions of his or her appointment. U.K.

(2) A person may not be appointed as an ordinary member of LBRO for a term of more than five years.

(3) A person may at any time resign as an ordinary member of LBRO by giving notice in writing to the Secretary of State.

(4) The Secretary of State may remove a person as an ordinary member of LBRO at any time if —

(a) the ordinary member has, at any time, been convicted of a criminal offence, or

(b) in the opinion of the Secretary of State—

(i) the ordinary member has failed to comply with the terms of his or her appointment, or

(ii) the ordinary member is otherwise unable, unfit or unwilling to perform his or her functions.

(5) A person who has ceased to be an ordinary member is eligible for reappointment for a further term or terms but the total period of appointment of an ordinary member (whether or not in consecutive terms) may not exceed ten years.

Employees U.K.

7 (1) LBRO is to have a Chief Executive. U.K.

(2) The Chief Executive is to be an employee of LBRO.

(3) The first Chief Executive is to be appointed by the Secretary of State.

(4) A Chief Executive after the first is to be appointed by LBRO with the approval of the Secretary of State.

(5) LBRO may appoint other employees, subject to the approval of the Secretary of State as to numbers and terms and conditions of employment.

(6) Service as an employee of LBRO is not service in the civil service of the State.

(7) LBRO may pay to or in respect of an employee sums by way of or in respect of remuneration, allowances, expenses, pensions, gratuities or compensation for loss of employment, subject to any conditions imposed by the Secretary of State under sub-paragraph (5).

(8) The Chief Executive may not take part in the determination of the amount of any remuneration, allowance, pension, gratuity or compensation payable to him or her.

Committees U.K.

8 (1) LBRO may establish one or more committees. U.K.

(2) A committee established under this paragraph may include persons who are neither members nor employees of LBRO.

(3) A committee established under this paragraph may establish one or more sub-committees.

(4) LBRO may pay sums by way of or in respect of expenses to or in respect of a person who is a member of a committee or a sub-committee established under this paragraph but who is not a member or employee of LBRO.

Proceedings U.K.

9 (1) Subject to this Schedule, LBRO may regulate— U.K.

(a) its own proceedings (including quorum), and

(b) the proceedings (including quorum) of any of its committees.

(2) A committee of LBRO may regulate the proceedings (including quorum) of any of its sub-committees.

(3) The validity of proceedings of LBRO, or of any of its committees or sub-committees, is not affected by—

(a) a vacancy, or

(b) a defective appointment.

Delegation U.K.

10 U.K. LBRO may delegate any of its functions to any of its members, employees, committees or sub-committees.

Funding U.K.

11 (1) The Secretary of State may make grants to LBRO of such amounts as the Secretary of State thinks fit. U.K.

(2) A grant under sub-paragraph (1) may be subject to such conditions as the Secretary of State thinks fit.

(3) The Welsh Ministers may make grants to LBRO of such amounts as they think fit.

(4) A grant under sub-paragraph (3) may be subject to such conditions as the Welsh Ministers think fit.

Annual report U.K.

12 (1) LBRO must, as soon as practicable after the end of each financial year, produce a report on the discharge of its functions during that year. U.K.

(2) LBRO must send a copy of the report to—

(a) the Secretary of State, and

(b) the Welsh Ministers.

(3) The report must be sent under sub-paragraph (2)(a) within such period beginning with the end of the financial year to which the report relates as the Secretary of State may direct.

(4) The report must be sent under sub-paragraph (2)(b) within such period beginning with the end of the financial year to which the report relates as the Welsh Ministers may direct.

(5) The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (2)(a).

(6) The Welsh Ministers must lay before the National Assembly for Wales a copy of each report received under sub-paragraph (2)(b).

Accounts U.K.

13 (1) LBRO must keep proper accounts and proper records in relation to the accounts. U.K.

(2) LBRO must prepare a statement of accounts for each financial year.

(3) The statement of accounts must comply with any directions given by the Secretary of State with the consent of the Treasury as to—

(a) the information to be contained in the statement;

(b) the form which the statement is to take;

(c) the manner in which the information is to be presented;

(d) the methods and principles according to which the statement is to be prepared.

(4) LBRO must send copies of the statement of accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State directs.

(5) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts received under sub-paragraph (4), and

(b) send a copy of the certified statement and report to the Secretary of State as soon as possible.

(6) The Secretary of State must lay before Parliament a copy of each certified statement and report received under sub-paragraph (5)(b).

(7) LBRO must send a copy of the statement of accounts to the Auditor General for Wales within such period as the Welsh Ministers direct.

Financial year U.K.

14 (1) The financial year of LBRO is the period of twelve months ending on 31 March. U.K.

(2) But the first financial year of LBRO is the period—

(a) starting on the day on which section 1 comes into force, and

(b) ending on the following 31 March.

Instruments and authentication U.K.

15 (1) The fixing of the seal of LBRO shall be authenticated by the signature of the chair or of another person authorised by LBRO to act for that purpose. U.K.

(2) A document purporting to be duly executed under the seal of LBRO, or to be signed on LBRO's behalf, shall be received in evidence and, unless the contrary is proved, shall be treated as having been so executed or signed.

Records U.K.

16 U.K. In the Public Records Act 1958 (c. 51), in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Local Better Regulation Office. ”

Parliamentary disqualification U.K.

17 U.K. In the House of Commons Disqualification Act 1975 (c. 24), in Schedule 1, in Part 2 (bodies of which all members are disqualified), at the appropriate place insert— “ The Local Better Regulation Office. ”

Investigation U.K.

18 U.K. In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule 2 (departments etc. subject to investigation), at the appropriate place insert— “ Local Better Regulation Office. ”

Freedom of information U.K.

19 U.K. In the Freedom of Information Act 2000 (c. 36), in Schedule 1, in Part 6 (other public bodies and offices: general), at the appropriate place insert— “ The Local Better Regulation Office. ”

Transitional provisions U.K.

20 (1) A person who immediately before the day on which section 1 comes into force is the chair of the LBRO company is to be treated— U.K.

(a) as having been appointed as the chair of LBRO under paragraph 3(3), and

(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as the chair of the LBRO company.

(2) A person who immediately before the day on which section 1 comes into force is a director of the LBRO company is to be treated—

(a) as having been appointed as an ordinary member of LBRO under paragraph 3(3), and

(b) as having been so appointed on the day on which, and for the term for which, that person was appointed as a director of the LBRO company.

(3) A person who is the Chief Executive of the LBRO company immediately before the day on which section 1 comes into force is to be treated as appointed as the first Chief Executive of LBRO under paragraph 7(3).

(4) A committee or sub-committee of the LBRO company which was in existence immediately before the day on which section 1 comes into force is to be treated as having been established as a committee or sub-committee of LBRO under paragraph 8(1) or (3).

Section 2

SCHEDULE 2 U.K. Replacement of the LBRO company by LBRO

Transfer of staff U.K.

1 (1) For the purposes of TUPE— U.K.

(a) the functions conferred on LBRO by this Act are to be treated as transferred to LBRO from the LBRO company on the day on which section 2 comes into force;

(b) that transfer of functions is to be treated as a transfer of an undertaking to which TUPE applies;

(c) each person who was, immediately before the day on which section 2 comes into force, employed by the LBRO company under a contract of employment is to be treated as employed in the undertaking immediately before that day.

(2) In sub-paragraph (1) “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

Transfer of property, rights and liabilities U.K.

2 (1) All the property, rights and liabilities to which the LBRO company was entitled or subject immediately before the day on which section 2 comes into force become on that day property, rights and liabilities of LBRO. U.K.

(2) In sub-paragraph (1) the reference to rights and liabilities does not include rights and liabilities under or in connection with a contract of employment which are transferred pursuant to paragraph 1.

(3) Sub-paragraph (1) operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required;

(c) despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.

Tax U.K.

3 (1) For the purposes of any enactment about income tax or corporation tax, LBRO and the LBRO company are to be treated as the same person. U.K.

(2) In particular, the transfers effected by paragraphs 1 and 2 are to be disregarded for those purposes.

(3) Accordingly, those transfers are not to be regarded for the purposes of Schedule 29 to the Finance Act 2002 (c. 23) (gains and losses from intangible fixed assets) as involving any realisation of an asset by the LBRO company or acquisition of an asset by LBRO.

(4) No transfer effected by paragraph 2 is to give rise to any liability to stamp duty land tax.

Continuity between the LBRO company and LBRO U.K.

4 (1) Anything done by or in relation to the LBRO company which has effect immediately before the day on which section 2 comes into force is, so far as is necessary for continuing its effect on or after that day, to have effect as if done by or in relation to LBRO. U.K.

(2) If before the day on which section 2 comes into force any consultation was undertaken by the LBRO company which, had it been undertaken by LBRO on or after that day, would to any extent have satisfied any consultation requirement to which LBRO is subject, that requirement may to that extent be taken to have been satisfied.

5 U.K. Anything (including legal proceedings) which, immediately before the day on which section 2 comes into force, is in the process of being done by or in relation to the LBRO company may be continued by or in relation to LBRO.

6 U.K. So far as is necessary or appropriate in consequence of paragraph 2, on and after the day on which section 2 comes into force, a reference to the LBRO company in an enactment, instrument or other document is to be treated as a reference to LBRO.

Section 4(2)

SCHEDULE 3 U.K. Enactments specified for the purposes of Part 1

• Accommodation Agencies Act 1953 (c. 23), section 1

• Administration of Justice Act 1970 (c. 31), section 40

• Agricultural Produce (Grading and Marking) Act 1928 (c. 19)

• Agriculture Act 1967 (c. 22)

• Agriculture Act 1970 (c. 40)

• Agriculture and Horticulture Act 1964 (c. 28), Part 3

• Agriculture (Miscellaneous Provisions) Act 1954 (c. 39), section 9

• Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

• Animal Boarding Establishments Act 1963 (c. 43)

• Animal Health Act 1981 (c. 22)

• Animal Health and Welfare Act 1984 (c. 40)

• Animal Welfare Act 2006 (c. 45)

• Anti-social Behaviour Act 2003 (c. 38)

• Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

• Breeding of Dogs Act 1973 (c. 60)

• Breeding of Dogs Act 1991 (c. 64)

• Business Names Act 1985 (c. 7)

• Cancer Act 1939 (c. 13), section 4

• Caravan Sites and Control of Development Act 1960 (c. 2)

• Celluloid and Cinematograph Film Act 1922 (c. 35)

• Charities Act 1993 (c. 10), sections 76 to 78

• Charities Act 2006 (c. 50), section 50

• Children and Young Persons Act 1933 (c. 12), Part 1

• Children and Young Persons Act 1963 (c. 37), Part 2

• Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23)

• Christmas Day (Trading) Act 2004 (c. 26)

• Cinemas Act 1985 (c. 13)

• Clean Air Act 1993 (c. 11)

• Clean Neighbourhoods and Environment Act 2005 (c. 16), Parts 2, 6 and 7

• Companies Act 1985 (c. 6), Chapter 1 of Part 11 and section 693

• Consumer Credit Act 1974 (c. 39)

• Consumer Protection Act 1987 (c. 43)

• Control of Pollution Act 1974 (c. 40)

• Control of Pollution (Amendment) Act 1989 (c. 14)

• Copyright, Designs and Patents Act 1988 (c. 48), sections 107A and 198A

• Countryside Act 1968 (c. 41)

• Courts and Legal Services Act 1990 (c. 41), Parts 4 and 6

• Criminal Justice and Police Act 2001 (c. 16), Part 1

• Criminal Justice and Public Order Act 1994 (c. 33), Parts 5, 7 and 12

• Crossbows Act 1987 (c. 32)

• Dangerous Dogs Act 1991 (c. 65)

• Dangerous Wild Animals Act 1976 (c. 38)

• Defective Premises Act 1972 (c. 35)

• Development of Tourism Act 1969 (c. 51)

• Disability Discrimination Act 1995 (c. 50)

• Dogs Act 1906 (c. 32)

• Education Reform Act 1988 (c. 40), section 215

• Employment Agencies Act 1973 (c. 35)

• Energy Act 1976 (c. 76)

• Enterprise Act 2002 (c. 40), Part 8

• Environment Act 1995 (c. 25)

• Environment and Safety Information Act 1988 (c. 30)

• Environmental Protection Act 1990 (c. 43)

• Estate Agents Act 1979 (c. 38)

• Explosives Act 1875 (c. 17)

• Explosives Act 1923 (c. 17)

• Explosives (Age of Purchase &c.) Act 1976 (c. 26)

• Factories Act 1961 (c. 34)

• Fair Trading Act 1973 (c. 41)

• Farm and Garden Chemicals Act 1967 (c. 50)

• Farriers (Registration) Act 1975 (c. 35)

• Fire and Rescue Services Act 2004 (c. 21)

• Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

• Firearms Act 1968 (c. 27)

• Firearms Act 1982 (c. 31)

• Fireworks Act 2003 (c. 22)

• Food Act 1984 (c. 30)

• Food and Environment Protection Act 1985 (c. 48), Parts 1 and 2

• Food Safety Act 1990 (c. 16), Parts 2 and 3

• Food Standards Act 1999 (c. 28)

• Forgery and Counterfeiting Act 1981 (c. 45)

• Fraud Act 2006 (c. 35)

• Gambling Act 2005 (c. 19)

• Game Act 1831 (c. 32)

• Ground Game Act 1880 (c. 47)

• Guard Dogs Act 1975 (c. 50)

• Hallmarking Act 1973 (c. 43)

• Health Act 2006 (c. 28), Part 1

• Health and Safety at Work etc. Act 1974 (c. 37)

• Highways Act 1980 (c. 66)

• House to House Collections Act 1939 (c. 44)

• Housing Act 1985 (c. 68), Parts 8, 9 and 10

• Housing Act 1996 (c. 52), Part 8

• Housing Act 2004 (c. 34), Parts 2 to 5

• Hypnotism Act 1952 (c. 46)

• Intoxicating Substances (Supply) Act 1985 (c. 26)

• Knives Act 1997 (c. 21)

• Legal Services Act 2007 (c. 29), section 198

• Licensing Act 2003 (c. 17)

• Litter Act 1983 (c. 35)

• Local Government Act 1972 (c. 70), Parts 9 and 11

• Local Government Act 1985 (c. 51), Part 2

• Local Government Act 1988 (c. 9), Part 4

• Local Government Act 2000 (c. 22), Part 1

• Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

• Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

• London Government Act 1963 (c. 33)

• London Local Authorities Act 1990 (c. vii)

• London Local Authorities Act 1991 (c. xiii)

• London Local Authorities Act 1994 (c. xii)

• London Local Authorities Act 1995 (c. x)

• London Local Authorities Act 1996 (c. ix)

• London Local Authorities Act 2000 (c. vii)

• London Local Authorities Act 2004 (c. i)

• London Local Authorities Act 2007 (c. ii)

• London Olympic Games and Paralympic Games Act 2006 (c. 12)

• Malicious Communications Act 1988 (c. 27)

• Medicines Act 1968 (c. 67)

• Mines and Quarries Act 1954 (c. 70)

• Mines and Quarries (Tips) Act 1969 (c. 10)

• Mock Auctions Act 1961 (c. 47)

• Motor Cycle Noise Act 1987 (c. 34)

• National Lottery etc. Act 1993 (c. 39), sections 12 and 13

• Noise Act 1996 (c. 37)

• Noise and Statutory Nuisance Act 1993 (c. 40)

• Offices, Shops and Railway Premises Act 1963 (c. 41)

• Offshore Safety Act 1992 (c. 15)

• Olympic Symbol etc. (Protection) Act 1995 (c. 32)

• Opticians Act 1989 (c. 44)

• Osteopaths Act 1993 (c. 21)

• Pedlars Act 1871 (c. 96)

• Performing Animals (Regulation) Act 1925 (c. 38)

• Pests Act 1954 (c. 68)

• Pet Animals Act 1951 (c. 35)

• Petroleum (Consolidation) Act 1928 (c. 32)

• Petroleum (Transfer of Licences) Act 1936 (c. 27)

• Plant Health Act 1967 (c. 8)

• Poisons Act 1972 (c. 66)

• Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)

• Pollution Prevention and Control Act 1999 (c. 24)

• Prevention of Damage by Pests Act 1949 (c. 55)

• Prices Act 1974 (c. 24)

• Private Hire Vehicles (London) Act 1998 (c. 34)

• Private Security Industry Act 2001 (c. 12)

• Property Misdescriptions Act 1991 (c. 29)

• Protection Against Cruel Tethering Act 1988 (c. 31)

• Protection from Harassment Act 1997 (c. 40)

• Protection of Animals Act 1911 (c. 27)

• Public Health Act 1936 (c. 49)

• Public Health Act 1961 (c. 64)

• Public Passenger Vehicles Act 1981 (c. 14)

• Refuse Disposal (Amenity) Act 1978 (c. 3)

• Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541)

• Riding Establishments Act 1964 (c. 70)

• Riding Establishments Act 1970 (c. 32)

• Road Traffic Act 1988 (c. 52), sections 15A, 17, 18, 41, 71, 81, 82 and 196

• Road Traffic (Consequential Provisions) Act 1988 (c. 54)

• Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

• Safety of Sports Grounds Act 1975 (c. 52)

• Sale of Goods Act 1979 (c. 54)

• Scotch Whisky Act 1988 (c. 22)

• Scrap Metal Dealers Act 1964 (c. 69)

• Sea Fisheries Regulation Act 1966 (c. 38)

• Serious Organised Crime and Police Act 2005 (c. 15), Part 4

• Slaughter of Poultry Act 1967 (c. 24)

• Slaughterhouses Act 1974 (c. 3)

• Sunday Trading Act 1994 (c. 20)

• Supply of Goods and Services Act 1982 (c. 29)

• Supply of Goods (Implied Terms) Act 1973 (c. 13)

• Theatres Act 1968 (c. 54)

• Theft Act 1968 (c. 60)

• Theft Act 1978 (c. 31)

• Timeshare Act 1992 (c. 35)

• Tobacco Advertising and Promotion Act 2002 (c. 36)

• Town Police Clauses Act 1847 (c. 89)

• Trade Descriptions Act 1968 (c. 29)

• Trade Marks Act 1994 (c. 26), section 93

• Trading Representations (Disabled Persons) Act 1958 (c. 49)

• Traffic Management Act 2004 (c. 18)

• Transport Act 1981 (c. 56)

• Unfair Contract Terms Act 1977 (c. 50)

• Unsolicited Goods and Services Act 1971 (c. 30)

• Vehicles (Crime) Act 2001 (c. 3)

• Veterinary Surgeons Act 1966 (c. 36)

• Video Recordings Act 1984 (c. 39)

• Violent Crime Reduction Act 2006 (c. 38)

• Water Industry Act 1991 (c. 56), sections 77 to 85

• Water Resources Act 1991 (c. 57)

• Weeds Act 1959 (c. 54)

• Weights and Measures &c. Act 1976 (c. 77)

• Weights and Measures Act 1985 (c. 72)

• Welfare of Animals at Slaughter Act 1991 (c. 30)

• Wildlife and Countryside Act 1981 (c. 69)

• Zoo Licensing Act 1981 (c. 37)

Section 28(7)

SCHEDULE 4 U.K. Enforcement action: references to LBRO

Reference by enforcing authority U.K.

1 (1) If the primary authority directs the enforcing authority as specified in section 28(2), the enforcing authority may with the consent of LBRO refer the proposed enforcement action to LBRO. U.K.

(2) On a reference under this paragraph—

(a) if LBRO is satisfied as to the matters in sub-paragraph (3), it must confirm the direction;

(b) in any other case, it must revoke the direction (and section 28(4)(b) shall accordingly cease to apply in relation to the direction).

(3) The matters referred to in sub-paragraph (2) are that—

(a) the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically),

(b) the advice or guidance was correct, and

(c) the advice or guidance was properly given by the primary authority.

(4) Where under sub-paragraph (2) LBRO confirms a direction of the primary authority, it may direct the enforcing authority to take some other enforcement action (and section 28(1) to (4) does not apply in relation to that action).

(5) The enforcing authority must comply with any direction under sub-paragraph (4).

Reference by regulated person U.K.

2 (1) If the primary authority does not direct the enforcing authority as specified in section 28(2), the regulated person may with the consent of LBRO refer the action to LBRO. U.K.

(2) On a reference under this paragraph—

(a) if LBRO is satisfied as to the matters in sub-paragraph (3), it must direct the enforcing authority not to take the proposed enforcement action;

(b) in any other case, it must consent to the action.

(3) The matters referred to in sub-paragraph (2) are that—

(a) the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically),

(b) the advice or guidance was correct, and

(c) the advice or guidance was properly given by the primary authority.

(4) The enforcing authority may not take the proposed enforcement action if it is directed as specified in sub-paragraph (2)(a).

(5) Where LBRO gives a direction under sub-paragraph (2)(a), it may direct the enforcing authority to take some other enforcement action (and section 28(1) to (4) does not apply in relation to that action).

(6) The enforcing authority must comply with any direction under sub-paragraph (5).

(7) LBRO may require a regulated person who makes a reference under this paragraph to pay such reasonable costs incurred by LBRO as a result of the reference as LBRO may specify.

Reference by primary authority U.K.

3 (1) The primary authority may with the consent of LBRO, instead of making a determination under section 28(2) in relation to a proposed enforcement action, refer the action to LBRO. U.K.

(2) On a reference under this paragraph—

(a) if LBRO is satisfied as to the matters in sub-paragraph (3), it must direct the enforcing authority not to take the proposed enforcement action;

(b) in any other case, it must consent to the action.

(3) The matters referred to in sub-paragraph (2) are that—

(a) the proposed enforcement action is inconsistent with advice or guidance previously given by the primary authority (generally or specifically),

(b) the advice or guidance was correct, and

(c) the advice or guidance was properly given by the primary authority.

(4) The enforcing authority may not take the proposed enforcement action if it is directed as specified in sub-paragraph (2)(a).

(5) Where LBRO gives a direction under sub-paragraph (2)(a), it may direct the enforcing authority to take some other enforcement action (and section 28(1) to (4) does not apply in relation to that action).

(6) The enforcing authority must comply with any direction under sub-paragraph (5).

Effect of reference U.K.

4 U.K. The enforcing authority may not take the proposed enforcement action—

(a) in any period during which the regulated person may make a reference under paragraph 2;

(b) at any time after the making of a reference under this Schedule and before its determination.

Consultation U.K.

5 (1) Before making a determination for the purposes of this Schedule LBRO— U.K.

(a) must consult any relevant regulator, where appropriate, and

(b) may consult such other persons as it thinks fit.

(2) In sub-paragraph (1)(a) “relevant regulator” means a person (other than a local authority) with regulatory functions which relate to the matter to which the determination relates.

Procedure: general U.K.

6 (1) LBRO must determine any reference under this Schedule within the period of 28 days beginning with the day on which the reference is made. U.K.

(2) The Secretary of State may by order make further provision as to the procedure to be followed, for the purposes of this Schedule, by the primary authority, the enforcing authority, the regulated person and LBRO.

Commencement Information

I1 Sch. 4 para. 6 wholly in force at 6.4.2009; Sch. 4 para. 6(2) in force at 1.10.2008 by S.I. 2008/2371, art. 2(b); Sch. 4 para. 6(1) in force for all remaining purposes at 6.4.2009 by S.I. 2009/550, art. 2

Guidance and directions U.K.

7 (1) LBRO may give guidance or directions to any one or more local authorities about any enforcement action referred to it. U.K.

(2) A local authority must have regard to any guidance, and comply with any direction, given to it under sub-paragraph (1).

(3) LBRO must publish any guidance or directions given under this paragraph in such manner as it considers appropriate.

Information U.K.

8 U.K. For the purposes of this Schedule LBRO may require the primary authority, the enforcing authority or the regulated person to provide it with such information as it may specify, being information which the authority may lawfully provide to LBRO.

Section 37(1)

SCHEDULE 5 U.K. Designated regulators

• British Hallmarking Council

• Charity Commission for England and Wales

• Coal Authority

• Competition Commission

• Countryside Council for Wales

• Environment Agency

• Financial Services Authority

• Food Standards Agency

• Football Licensing Authority

• Forestry Commissioners

• Gambling Commission

• Gangmasters Licensing Authority

• Health and Safety Executive

• Hearing Aid Council

• Historic Buildings and Monuments Commission for England (“English Heritage”)

• Housing Corporation

• Human Fertilisation and Embryology Authority

• Human Tissue Authority

• Information Commissioner

• Local fisheries committees

• Natural England

• Office of Communications

• Office of Fair Trading

• Office of Rail Regulation

• Pensions Regulator

• Security Industry Authority

• Statistics Board

Section 37(2)

SCHEDULE 6 U.K. Enactments specified for the purposes of orders under Part 3

• Accommodation Agencies Act 1953 (c. 23), section 1

• Administration of Justice Act 1970 (c. 31), section 40

• Agriculture Act 1947 (c. 48), section 100

• Agriculture Act 1967 (c. 22), section 14(2)

• Agriculture Act 1970 (c. 40)

• Agriculture and Horticulture Act 1964 (c. 28), sections 14 and 15

• Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

• Animal Boarding Establishments Act 1963 (c. 43), section 1(8)

• Animal Health Act 1981 (c. 22)

• Animal Health and Welfare Act 1984 (c. 40), section 10(6)

• Animals (Scientific Procedures) Act 1986 (c. 14)

• Animal Welfare Act 2006 (c. 45)

• Anti-social Behaviour Act 2003 (c. 38), sections 54 and 75

• Aviation and Maritime Security Act 1990 (c. 31), sections 15 and 48 and Part 3

• Aviation Security Act 1982 (c. 36), Part 2

• Bees Act 1980 (c. 12), section 1(7)

• Breeding of Dogs Act 1973 (c. 60)

• Breeding of Dogs Act 1991 (c. 64)

• Building Act 1984 (c. 55)

• Cancer Act 1939 (c. 13), section 4

• Children and Young Persons Act 1933 (c. 12), section 7(1)

• Children and Young Persons Act 1963 (c. 37), section 40

• Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23)

• Christmas Day (Trading) Act 2004 (c. 26), sections 2 and 3

• Chronically Sick and Disabled Persons Act 1970 (c. 44), section 21

• Clean Air Act 1993 (c. 11)

• Clean Neighbourhoods and Environment Act 2005 (c. 16), sections 3 to 7 and Part 7

• Coast Protection Act 1949 (c. 74), sections 18(7) and 36

• Commons Act 2006 (c. 26), section 34(1)

• Conservation of Seals Act 1970 (c. 30)

• Consumer Credit Act 1974 (c. 39)

• Consumer Protection Act 1987 (c. 43), section 12

• Control of Pollution Act 1974 (c. 40), Part 3

• Control of Pollution (Amendment) Act 1989 (c. 14), sections 1, 5 and 7

• Criminal Justice and Public Order Act 1994 (c. 33), sections 77(3), 78(4), 166 and 167

• Dangerous Dogs Act 1989 (c. 30)

• Dangerous Dogs Act 1991 (c. 65)

• Dangerous Vessels Act 1985 (c. 22), section 5

• Dangerous Wild Animals Act 1976 (c. 38)

• Deer Act 1991 (c. 54)

• Destructive Imported Animals Act 1932 (c. 12), section 6

• Disability Discrimination Act 1995 (c. 50), Part 5

• Diseases of Fish Act 1937 (c. 33)

• Diseases of Fish Act 1983 (c. 30)

• Education Reform Act 1988 (c. 40), section 214

• Employment Agencies Act 1973 (c. 35), sections 5(2), 6(2), and 10(2)

• Energy Act 1976 (c. 76), section 18

• Enterprise Act 2002 (c. 40), section 227E

• Environment Act 1995 (c. 25), section 110

• Environmental Protection Act 1990 (c. 43), Parts 2, 2A and 3, and sections 118 and 150(5)

• Estate Agents Act 1979 (c. 38)

• Explosives Act 1875 (c. 17), sections 30 to 32, 43, 73 and 80

• Fair Trading Act 1973 (c. 41), sections 23, 30 and 120

• Farriers (Registration) Act 1975 (c. 35)

• Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

• Fireworks Act 2003 (c. 22), section 11

• Fisheries Act 1981 (c. 29)

• Fishery Limits Act 1976 (c. 86)

• Food and Environment Protection Act 1985 (c. 48), Parts 1, 2 and 3

• Food Safety Act 1990 (c. 16), Parts 2 and 3

• Food Standards Act 1999 (c. 28)

• Gambling Act 2005 (c. 19)

• Game Act 1831 (c. 32), sections 3, 3A, and 24

• Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

• Ground Game Act 1880 (c. 47), section 6

• Hallmarking Act 1973 (c. 43), sections 1, 3, 5 to 7 and 11

• Hares Preservation Act 1892 (c. 8), section 2

• Health and Safety at Work etc. Act 1974 (c. 37), section 33

• Highways Act 1980 (c. 66), Part 9

• Horticultural Produce Act 1986 (c. 20)

• Import of Live Fish (England and Wales) Act 1980 (c. 27), section 3

• International Carriage of Perishable Foodstuffs Act 1976 (c. 58), sections 6 to 11

• Intoxicating Substances (Supply) Act 1985 (c. 26), section 1

• Knives Act 1997 (c. 21)

• Licensing Act 2003 (c. 17)

• Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Part 2

• Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Part 8 and Schedules 3 and 4

• London Local Authorities Act 1995 (c. x), sections 24 and 25

• London Local Authorities Act 2004 (c. i), sections 22, 26 and 29

• Medicines Act 1968 (c. 67)

• Merchant Shipping Act 1995 (c. 21), Parts 1 to 5 and 9 to 12

• Mines and Quarries (Tips) Act 1969 (c. 10), Part 2

• Motor Cycle Noise Act 1987 (c. 34)

• New Roads and Street Works Act 1991 (c. 22), section 51

• Noise Act 1996 (c. 37)

• Olympic Symbol etc. (Protection) Act 1995 (c. 32), section 8

• Pedlars Act 1871 (c. 96), sections 4, 12 and 14

• Pests Act 1954 (c. 68), sections 8, 9 and 12

• Pet Animals Act 1951 (c. 35)

• Petroleum (Consolidation) Act 1928 (c. 32), sections 1, 5 and 18

• Pilotage Act 1987 (c. 21)

• Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

• Plant Varieties Act 1997 (c. 66), sections 19, 31 and 32

• Plant Varieties and Seeds Act 1964 (c. 14), sections 16 and 25

• Poisons Act 1972 (c. 66)

• Prevention of Damage by Pests Act 1949 (c. 55), sections 3(4), 17 and 22(4)

• Prices Act 1974 (c. 24)

• Property Misdescriptions Act 1991 (c. 29)

• Protection from Eviction Act 1977 (c. 43), section 1

• Protection of Badgers Act 1992 (c. 51), sections 1 to 5 and 10

• Protection of Wrecks Act 1973 (c. 33)

• Public Health Act 1936 (c. 49), Part 2 and sections 269, 288 and 290

• Public Health (Control of Disease) Act 1984 (c. 22), sections 15 to 55

• Public Passenger Vehicles Act 1981 (c. 14), Part 2 and section 67

• Radioactive Material (Road Transport) Act 1991 (c. 27), sections 2 to 6

• Railways Act 1993 (c. 43), sections 119, 120 and 121

• Railways and Transport Safety Act 2003 (c. 20), sections 78 to 80

• Refuse Disposal (Amenity) Act 1978 (c. 3), sections 2(1) and 2B(2)

• Rent Act 1977 (c. 42), sections 77 and 81

• Road Traffic Act 1988 (c. 52)

• Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), sections 9 and 11

• Road Traffic (Foreign Vehicles) Act 1972 (c. 27), section 3

• Road Traffic (New Drivers) Act 1995 (c. 13), section 3

• Road Traffic Offenders Act 1988 (c. 53), sections 25, 62, 67, 90D and 91

• Road Traffic Regulation Act 1984 (c. 27), sections 5, 16, 47, 115 and 117

• Safety of Sports Grounds Act 1975 (c. 52), section 12(1) and (6)

• Salmon Act 1986 (c. 62), section 32(1)

• Salmon and Freshwater Fisheries Act 1975 (c. 51)

• Scrap Metal Dealers Act 1964 (c. 69), sections 1 and 5

• Sea Fish (Conservation) Act 1967 (c. 84)

• Sea Fisheries Act 1968 (c. 77)

• Sea Fisheries Regulation Act 1966 (c. 38)

• Sea Fisheries (Shellfish) Act 1967 (c. 83)

• Solicitors Act 1974 (c. 47), section 20

• Sunday Trading Act 1994 (c. 20)

• Timeshare Act 1992 (c. 35)

• Trade Descriptions Act 1968 (c. 29)

• Transport Act 1968 (c. 73), Part 6

• Transport Act 1985 (c. 67), sections 23, 30 and 101

• Transport Act 2000 (c. 38), section 148 and Part 3

• Unsolicited Goods and Services Act 1971 (c. 30), sections 2 and 3

• Vehicles (Crime) Act 2001 (c. 3)

• Vehicle Excise and Registration Act 1994 (c. 22), section 28A, Part 3 and section 59

• Veterinary Surgeons Act 1966 (c. 36)

• Video Recordings Act 1984 (c. 39), sections 9 to 14

• Video Recordings Act 1993 (c. 24)

• Water Industry Act 1991 (c. 56), sections 70(1), 86, 109, 111 and 118

• Water Resources Act 1991 (c. 57)

• Weeds Act 1959 (c. 54), section 2

• Weights and Measures Act 1985 (c. 72), Parts 2 to 7

• Wildlife and Countryside Act 1981 (c. 69), Parts 1 and 2

• Zoo Licensing Act 1981 (c. 37), section 19

Section 62

SCHEDULE 7 U.K. Enactments specified for the purposes of section 62

• Activity Centres (Young Persons' Safety) Act 1995 (c. 15), section 2

• Animal Health Act 1981 (c. 22)

• Animal Welfare Act 2006 (c. 45), section 12

• Aviation and Maritime Security Act 1990 (c. 31), sections 36A, 41 and 42

• Aviation Security Act 1982 (c. 36), sections 20A, 21F and 21G

• Channel Tunnel Act 1987 (c. 53), section 11

• Charities Act 1992 (c. 41), sections 64 and 64A

• Charities Act 2006 (c. 50), section 63

• Consumers, Estate Agents and Redress Act 2007 (c. 17), section 59

• Control of Pollution Act 1974 (c. 40), section 17

• Control of Pollution (Amendment) Act 1989 (c. 14), section 2

• Electricity Act 1989 (c. 29), section 29

• Environment Act 1995 (c. 25), sections 87, 95 and 97

• Environmental Protection Act 1990 (c. 43), sections 140 and 156

• Financial Services and Markets Act 2000 (c. 8), section 168(4)(b)

• Fisheries Act 1981 (c. 29), section 30

• Food Safety Act 1990 (c. 16), Part 2

• Food Standards Act 1999 (c. 28), section 27

• Gambling Act 2005 (c. 19), sections 59(1) and 146

• Gas Act 1986 (c. 44), sections 18 and 47

• Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), Schedule 1A

• Hovercraft Act 1968 (c. 59), section 1

• Medicines Act 1968 (c. 67), sections 91 and 95

• Merchant Shipping Act 1995 (c. 21)

• Merchant Shipping (Oil Pollution, Preparedness, Response and Co-operation) Order 1997 (SI 1997/2567), article 2

• Motor Vehicles (International Circulation) Act 1952 (c. 39), section 1

• Pensions Act 1995 (c. 26), section 116

• Pensions Act 2004 (c. 35), section 314

• Petroleum Act 1998 (c. 17), section 25

• Plant Health Act 1967 (c. 8), section 3

• Pollution Prevention and Control Act 1999 (c. 24), sections 2 and 3

• Public Health (Control of Disease) Act 1984 (c. 22), section 13

• Public Passenger Vehicles Act 1981 (c. 14), section 60

• Railways Act 1993 (c. 43), section 121A

• Railways and Transport Safety Act 2003 (c. 20), sections 9 and 11

• Regulatory Reform Act 2001 (c. 6), section 1

• Road Traffic Act 1988 (c. 52), sections 49, 61, 105 and 120 and Schedule 2A

• Safety of Sports Grounds Act 1975 (c. 52), section 6(2)

• Salmon Act 1986 (c. 62), section 31

• Sea Fisheries Regulation Act 1966 (c. 38), section 5

• Vehicle Excise and Registration Act 1994 (c. 22), sections 24 and 28 and Schedule 2A

• Water Industry Act 1991 (c. 56), section 69

• Water Resources Act 1991 (c. 57), section 92

• Weights and Measures &c. Act 1976 (c. 77), section 12

• Weights and Measures Act 1985 (c. 72), section 22