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Regulatory Enforcement and Sanctions Act 2008

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  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

    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

    8. SCHEDULE 7

      Enactments specified for the purposes of section 62

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

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