Search Legislation

Advanced Search

Regulatory Enforcement and Sanctions Act 2008

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Regulatory Enforcement and Sanctions Act 2008. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

  1. Introductory Text

  2. Part 1 The Local Better Regulation Office

    1. Establishment of LBRO

      1. 1.LBRO

      2. 2.Dissolution of the LBRO company

    2. Definitions

      1. 3.“Local authority”

      2. 4.“Relevant function”

    3. General functions of LBRO

      1. 5.Objective relating to general functions

      2. 6.Guidance to local authorities

      3. 7.Guidance to local authorities: enforcement

      4. 8.Financial support and assistance to local authorities

      5. 9.Advice to Ministers of the Crown

      6. 10.Advice to Welsh Ministers

    4. Function relating to enforcement priorities

      1. 11.Enforcement priorities

    5. Matters relating to exercise of LBRO's functions

      1. 12.Relationship with other regulators

      2. 13.Duty not to impose burdens etc

      3. 14.Ancillary powers

    6. Ministerial powers in relation to LBRO

      1. 15.Guidance or directions by the Secretary of State

      2. 16.Guidance or directions by Welsh Ministers

    7. Supplementary and general

      1. 17.Review of LBRO

      2. 18.Power to dissolve LBRO

      3. 19.Dissolution of LBRO: tax

      4. 20.Orders under Part 1

      5. 21.Interpretation of Part 1

  3. Part 2 Co-ordination of regulatory enforcement

    1. Introductory

      1. 22.Scope of Part 2

      2. 23.“Local authority”

      3. 24.“Relevant function”

    2. Primary authorities

      1. 25.Primary authorities

      2. 26.Nomination of primary authorities

    3. Functions of primary authorities

      1. 27.Advice and guidance

      2. 28.Enforcement action

      3. 29.Enforcement action: exclusions

      4. 30.Inspection plans

    4. Primary authorities: supplementary

      1. 31.Power to charge

      2. 32.LBRO support

    5. General

      1. 33.Guidance from the Secretary of State

      2. 34.Orders under Part 2

      3. 35.Interpretation of Part 2

  4. PART 2 Regulatory Enforcement

    1. Introductory

      1. 22A.“Regulated person” and “regulated group”

      2. 22B.“Qualifying regulator”

      3. 22C.“Relevant function”

    2. Primary authorities

      1. 23A.Primary authorities for regulated persons and regulated groups

      2. 23B.Nomination of primary authorities

      3. 23C.“Co-ordinator” of a regulated group

      4. 23D.Membership of a regulated group

      5. 23E.Application of sections 24A to 28B

    3. Advice and guidance

      1. 24A.Primary authority advice and guidance

    4. Enforcement action

      1. 25A.“Enforcement action”

      2. 25B.Enforcement action by primary authority

      3. 25C.Enforcement action other than by primary authority

      4. 25D.Enforcement action: exceptions

    5. Inspection plans

      1. 26A.Inspection plans

      2. 26B.Effect of inspection plans

      3. 26C.Revocation and revision of inspection plans

    6. Primary authority's costs

      1. 27A.Power to charge

    7. Other regulators

      1. 28A.Support of primary authority by other regulators

      2. 28B.Other regulators to act consistently with primary authority advice etc

    8. Cases with more than one primary authority

      1. 29A.Primary authority enforcement action inconsistent with another authority's advice etc

      2. 29B.Concurrent duties to notify primary authorities of enforcement action

      3. 29C.Enforcement action notified to a primary authority inconsistent with another authority's advice etc

      4. 29D.Overlapping inspection plans

    9. General

      1. 30A.Guidance and directions

      2. 30B.Periods of time under Part 2

      3. 30C.Regulations under Part 2

      4. 30D.Interpretation of Part 2

  5. Part 3 Civil sanctions

    1. Orders under Part 3: introductory

      1. 36.Power to make orders providing for civil sanctions

      2. 37.“Regulator”

      3. 38.“Relevant offence”

    2. Fixed monetary penalties

      1. 39.Fixed monetary penalties

      2. 40.Fixed monetary penalties: procedure

      3. 41.Fixed monetary penalties: criminal proceedings and conviction

    3. Discretionary requirements

      1. 42.Discretionary requirements

      2. 43.Discretionary requirements: procedure

      3. 44.Discretionary requirements: criminal proceedings and conviction

      4. 45.Discretionary requirements: enforcement

    4. Stop notices

      1. 46.Stop notices

      2. 47.Stop notices: procedure

      3. 48.Stop notices: compensation

      4. 49.Stop notices: enforcement

    5. Enforcement undertakings

      1. 50.Enforcement undertakings

    6. Orders under Part 3: supplementary provision

      1. 51.Combination of sanctions

      2. 52.Monetary penalties

      3. 53.Costs recovery

      4. 54.Appeals

      5. 55.Other provision

    7. Orders under Part 3: exclusions

      1. 56.Excluded provision: Scotland

      2. 57.Excluded provision: Northern Ireland

    8. Orders under Part 3: procedure

      1. 58.Consultation and consent: Scotland

      2. 59.Consultation and consent: Wales

      3. 60.Consultation: general

      4. 61.Parliamentary and Assembly procedure

    9. Extension of powers to make subordinate legislation

      1. 62.Offences under subordinate legislation

    10. Guidance

      1. 63.Guidance as to use of civil sanctions

      2. 64.Guidance as to enforcement of relevant offences

      3. 65.Publication of enforcement action

    11. Exercise of powers: general

      1. 66.Compliance with regulatory principles

      2. 67.Review

      3. 68.Suspension

    12. Supplementary and general

      1. 69.Payment of penalties into Consolidated Fund etc

      2. 70.Disclosure of information

      3. 71.Interpretation of Part 3

  6. Part 4 Regulatory burdens

    1. 72.Duty not to impose or maintain unnecessary burdens

    2. 73.Functions to which section 72 applies

  7. Part 5 General

    1. 74.General interpretation

    2. 75.Extent

    3. 76.Commencement

    4. 77.Short title

  8. SCHEDULES

    1. SCHEDULE 1

      LBRO: supplementary

      1. Status

        1. 1.LBRO: supplementary

      2. Membership

        1. 2.LBRO: supplementary

        2. 3.LBRO: supplementary

        3. 4.LBRO: supplementary

        4. 5.LBRO: supplementary

      3. Tenure

        1. 6.LBRO: supplementary

      4. Employees

        1. 7.LBRO: supplementary

      5. Committees

        1. 8.LBRO: supplementary

      6. Proceedings

        1. 9.LBRO: supplementary

      7. Delegation

        1. 10.LBRO: supplementary

      8. Funding

        1. 11.LBRO: supplementary

      9. Annual report

        1. 12.LBRO: supplementary

      10. Accounts

        1. 13.LBRO: supplementary

      11. Financial year

        1. 14.LBRO: supplementary

      12. Instruments and authentication

        1. 15.LBRO: supplementary

      13. Records

        1. 16.In the Public Records Act 1958 (c. 51), in Schedule...

      14. Parliamentary disqualification

        1. 17.LBRO: supplementary

      15. Investigation

        1. 18.LBRO: supplementary

      16. Freedom of information

        1. 19.LBRO: supplementary

      17. Transitional provisions

        1. 20.LBRO: supplementary

    2. SCHEDULE 2

      Replacement of the LBRO company by LBRO

      1. Transfer of staff

        1. 1.Replacement of the LBRO company by LBRO

      2. Transfer of property, rights and liabilities

        1. 2.Replacement of the LBRO company by LBRO

      3. Tax

        1. 3.Replacement of the LBRO company by LBRO

      4. Continuity between the LBRO company and LBRO

        1. 4.Replacement of the LBRO company by LBRO

        2. 5.Replacement of the LBRO company by LBRO

        3. 6.Replacement of the LBRO company by LBRO

    3. SCHEDULE 3

      Enactments specified for the purposes of Part 1

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

    4. SCHEDULE 4

      Enforcement action: references to the Secretary of State

      1. Reference by enforcing authority

        1. 1.(1) If the primary authority directs the enforcing authority as...

      2. Reference by regulated person

        1. 2.(1) If the primary authority does not direct the enforcing...

      3. Reference by primary authority

        1. 3.(1) The primary authority may with the consent of the...

      4. Effect of reference

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

      5. Consultation

        1. 5.(1) Before making a determination for the purposes of this...

      6. Procedure: general

        1. 6.(1) The Secretary of State must determine any reference under...

      7. Guidance and directions

        1. 7.(1) The Secretary of State may give guidance or directions...

      8. Information

        1. 8.For the purposes of this Schedule the Secretary of State...

    5. SCHEDULE 4A

      References to the Secretary of State

      1. PART 1 Enforcement action by primary authority

        1. 1.(1) If the primary authority notifies the regulated person, or...

      2. PART 2 Enforcement action other than by primary authority

        1. Reference by an enforcing authority

          1. 2.(1) If the primary authority directs an enforcing authority under...

        2. Reference by regulated person or member of the regulated group

          1. 3.(1) If section 25C applies and the primary authority does...

        3. Reference by primary authority

          1. 4.(1) The primary authority may, with the consent of the...

      3. PART 3 General

        1. Timing

          1. 5.(1) Any reference under this Schedule must be made as...

        2. Consultation

          1. 6.(1) Before determining a reference under this Schedule, the Secretary...

        3. Information

          1. 7.(1) For the purposes of determining whether to consent to...

        4. Secretary of State's costs

          1. 8.The Secretary of State may require the regulated person or...

        5. Procedure

          1. 9.The Secretary of State may by regulations make further provision...

    6. SCHEDULE 5

      Designated regulators

      1. British Hallmarking Council Charity Commission for England and Wales Civil...

    7. SCHEDULE 6

      Enactments specified for the purposes of orders under Part 3

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

    8. SCHEDULE 7

      Enactments specified for the purposes of section 62

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: