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Introductory Text
Part 1 The Local Better Regulation Office
Establishment of LBRO
1.LBRO
2.Dissolution of the LBRO company
Definitions
3.“Local authority”
4.“Relevant function”
General functions of LBRO
5.Objective relating to general functions
6.Guidance to local authorities
7.Guidance to local authorities: enforcement
8.Financial support and assistance to local authorities
9.Advice to Ministers of the Crown
10.Advice to Welsh Ministers
Function relating to enforcement priorities
11.Enforcement priorities
Matters relating to exercise of LBRO's functions
12.Relationship with other regulators
13.Duty not to impose burdens etc
14.Ancillary powers
Ministerial powers in relation to LBRO
15.Guidance or directions by the Secretary of State
16.Guidance or directions by Welsh Ministers
Supplementary and general
17.Review of LBRO
18.Power to dissolve LBRO
19.Dissolution of LBRO: tax
20.Orders under Part 1
21.Interpretation of Part 1
Part 2 Co-ordination of regulatory enforcement
Introductory
22.Scope of Part 2
23.“Local authority”
24.“Relevant function”
Primary authorities
25.Primary authorities
26.Nomination of primary authorities
Functions of primary authorities
27.Advice and guidance
28.Enforcement action
29.Enforcement action: exclusions
30.Inspection plans
Primary authorities: supplementary
31.Power to charge
32.LBRO support
General
33.LBRO guidance
34.Orders under Part 2
35.Interpretation of Part 2
Part 3 Civil sanctions
Orders under Part 3: introductory
36.Power to make orders providing for civil sanctions
37.“Regulator”
38.“Relevant offence”
Fixed monetary penalties
39.Fixed monetary penalties
40.Fixed monetary penalties: procedure
41.Fixed monetary penalties: criminal proceedings and conviction
Discretionary requirements
42.Discretionary requirements
43.Discretionary requirements: procedure
44.Discretionary requirements: criminal proceedings and conviction
45.Discretionary requirements: enforcement
Stop notices
46.Stop notices
47.Stop notices: procedure
48.Stop notices: compensation
49.Stop notices: enforcement
Enforcement undertakings
50.Enforcement undertakings
Orders under Part 3: supplementary provision
51.Combination of sanctions
52.Monetary penalties
53.Costs recovery
54.Appeals
55.Other provision
Orders under Part 3: exclusions
56.Excluded provision: Scotland
57.Excluded provision: Northern Ireland
Orders under Part 3: procedure
58.Consultation and consent: Scotland
59.Consultation and consent: Wales
60.Consultation: general
61.Parliamentary and Assembly procedure
Extension of powers to make subordinate legislation
62.Offences under subordinate legislation
Guidance
63.Guidance as to use of civil sanctions
64.Guidance as to enforcement of relevant offences
65.Publication of enforcement action
Exercise of powers: general
66.Compliance with regulatory principles
67.Review
68.Suspension
Supplementary and general
69.Payment of penalties into Consolidated Fund etc
70.Disclosure of information
71.Interpretation of Part 3
Part 4 Regulatory burdens
72.Duty not to impose or maintain unnecessary burdens
73.Functions to which section 72 applies
Part 5 General
74.General interpretation
75.Extent
76.Commencement
77.Short title
SCHEDULES
SCHEDULE 1
LBRO: supplementary
Status
1.(1) LBRO is not to be regarded as a servant...
Membership
2.LBRO is to consist of ordinary and ex officio members....
3.(1) There are to be at least five and no...
4.(1) The ex officio members are to be—
5.Service as a member of LBRO is not service in...
Tenure
6.(1) Subject to the other provisions of this Schedule, a...
Employees
7.(1) LBRO is to have a Chief Executive.
Committees
8.(1) LBRO may establish one or more committees.
Proceedings
9.(1) Subject to this Schedule, LBRO may regulate—
Delegation
10.LBRO may delegate any of its functions to any of...
Funding
11.(1) The Secretary of State may make grants to LBRO...
Annual report
12.(1) LBRO must, as soon as practicable after the end...
Accounts
13.(1) LBRO must keep proper accounts and proper records in...
Financial year
14.(1) The financial year of LBRO is the period of...
Instruments and authentication
15.(1) The fixing of the seal of LBRO shall be...
Records
16.In the Public Records Act 1958 (c. 51), in Schedule...
Parliamentary disqualification
17.In the House of Commons Disqualification Act 1975 (c. 24),...
Investigation
18.In the Parliamentary Commissioner Act 1967 (c. 13), in Schedule...
Freedom of information
19.In the Freedom of Information Act 2000 (c. 36), in...
Transitional provisions
20.(1) A person who immediately before the day on which...
SCHEDULE 2
Replacement of the LBRO company by LBRO
Transfer of staff
1.(1) For the purposes of TUPE— (a) the functions conferred...
Transfer of property, rights and liabilities
2.(1) All the property, rights and liabilities to which the...
Tax
3.(1) For the purposes of any enactment about income tax...
Continuity between the LBRO company and LBRO
4.(1) Anything done by or in relation to the LBRO...
5.Anything (including legal proceedings) which, immediately before the day on...
6.So far as is necessary or appropriate in consequence of...
SCHEDULE 3
Enactments specified for the purposes of Part 1
Accommodation Agencies Act 1953 (c. 23), section 1 Administration of...
SCHEDULE 4
Enforcement action: references to LBRO
Reference by enforcing authority
1.(1) If the primary authority directs the enforcing authority as...
Reference by regulated person
2.(1) If the primary authority does not direct the enforcing...
Reference by primary authority
3.(1) The primary authority may with the consent of LBRO,...
Effect of reference
4.The enforcing authority may not take the proposed enforcement action—...
Consultation
5.(1) Before making a determination for the purposes of this...
Procedure: general
6.(1) LBRO must determine any reference under this Schedule within...
Guidance and directions
7.(1) LBRO may give guidance or directions to any one...
Information
8.For the purposes of this Schedule LBRO may require the...
SCHEDULE 5
Designated regulators
British Hallmarking Council Charity Commission for England and Wales Coal...
SCHEDULE 6
Enactments specified for the purposes of orders under Part 3
Accommodation Agencies Act 1953 (c. 23), section 1 Administration of...
SCHEDULE 7
Enactments specified for the purposes of section 62
Activity Centres (Young Persons' Safety) Act 1995 (c. 15), section...