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.Guidance from the Secretary of State
34.Orders under Part 2
35.Interpretation of Part 2
PART 2 Regulatory Enforcement
Introductory
22A.“Regulated person” and “regulated group”
22B.“Qualifying regulator”
22C.“Relevant function”
Primary authorities
23A.Primary authorities for regulated persons and regulated groups
23B.Nomination of primary authorities
23C.“Co-ordinator” of a regulated group
23D.Membership of a regulated group
23E.Application of sections 24A to 28B
Advice and guidance
24A.Primary authority advice and guidance
Enforcement action
25A.“Enforcement action”
25B.Enforcement action by primary authority
25C.Enforcement action other than by primary authority
25D.Enforcement action: exceptions
Inspection plans
26A.Inspection plans
26B.Effect of inspection plans
26C.Revocation and revision of inspection plans
Primary authority's costs
27A.Power to charge
Other regulators
28A.Support of primary authority by other regulators
28B.Other regulators to act consistently with primary authority advice etc
Cases with more than one primary authority
29A.Primary authority enforcement action inconsistent with another authority's advice etc
29B.Concurrent duties to notify primary authorities of enforcement action
29C.Enforcement action notified to a primary authority inconsistent with another authority's advice etc
29D.Overlapping inspection plans
General
30A.Guidance and directions
30B.Periods of time under Part 2
30C.Regulations under Part 2
30D.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.LBRO: supplementary
Membership
2.LBRO: supplementary
3.LBRO: supplementary
4.LBRO: supplementary
5.LBRO: supplementary
Tenure
6.LBRO: supplementary
Employees
7.LBRO: supplementary
Committees
8.LBRO: supplementary
Proceedings
9.LBRO: supplementary
Delegation
10.LBRO: supplementary
Funding
11.LBRO: supplementary
Annual report
12.LBRO: supplementary
Accounts
13.LBRO: supplementary
Financial year
14.LBRO: supplementary
Instruments and authentication
15.LBRO: supplementary
Records
16.In the Public Records Act 1958 (c. 51), in Schedule...
Parliamentary disqualification
17.LBRO: supplementary
Investigation
18.LBRO: supplementary
Freedom of information
19.LBRO: supplementary
Transitional provisions
20.LBRO: supplementary
SCHEDULE 2
Replacement of the LBRO company by LBRO
Transfer of staff
1.Replacement of the LBRO company by LBRO
Transfer of property, rights and liabilities
2.Replacement of the LBRO company by LBRO
Tax
3.Replacement of the LBRO company by LBRO
Continuity between the LBRO company and LBRO
4.Replacement of the LBRO company by LBRO
5.Replacement of the LBRO company by LBRO
6.Replacement of the LBRO company by LBRO
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 the Secretary of State
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 the...
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) The Secretary of State must determine any reference under...
Guidance and directions
7.(1) The Secretary of State may give guidance or directions...
Information
8.For the purposes of this Schedule the Secretary of State...
SCHEDULE 4A
References to the Secretary of State
PART 1 Enforcement action by primary authority
1.(1) If the primary authority notifies the regulated person, or...
PART 2 Enforcement action other than by primary authority
Reference by an enforcing authority
2.(1) If the primary authority directs an enforcing authority under...
Reference by regulated person or member of the regulated group
3.(1) If section 25C applies and the primary authority does...
Reference by primary authority
4.(1) The primary authority may, with the consent of the...
PART 3 General
Timing
5.(1) Any reference under this Schedule must be made as...
Consultation
6.(1) Before determining a reference under this Schedule, the Secretary...
Information
7.(1) For the purposes of determining whether to consent to...
Secretary of State's costs
8.The Secretary of State may require the regulated person or...
Procedure
9.The Secretary of State may by regulations make further provision...
SCHEDULE 5
Designated regulators
British Hallmarking Council Charity Commission for England and Wales Civil...
SCHEDULE 6
Enactments specified for the purposes of orders under Part 3
SCHEDULE 7
Enactments specified for the purposes of section 62
Activity Centres (Young Persons' Safety) Act 1995 (c. 15), section...