Regulatory Enforcement and Sanctions Act 2008

General functions of LBRO

5 Objective relating to general functions

(1) In exercising its functions under sections 6 to 10 LBRO has the objective of securing that local authorities in England and Wales exercise their relevant functions—

(a) effectively,

(b) in a way which does not give rise to unnecessary burdens, and

(c) in a way which conforms with the principles in subsection (2).

(2) Those principles are that—

(a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent;

(b) regulatory activities should be targeted only at cases in which action is needed.

6 Guidance to local authorities

(1) LBRO has the function of giving guidance to local authorities in England and Wales as to how to exercise their relevant functions.

(2) Guidance under subsection (1)—

(a) may be given to any one or more local authorities in England or Wales;

(b) may relate to any one or more relevant functions;

(c) may relate to the exercise of one or more relevant functions in a particular case.

(3) A local authority in England or Wales must have regard to any guidance given to it under this section.

(4) Before giving guidance under this section in relation to any relevant function LBRO must consult—

(a) the persons whose activities are regulated by the exercise of the function, or persons representative of such persons,

(b) such local authorities in England and Wales, or such persons representative of local authorities in England and Wales, as LBRO considers appropriate, and

(c) such other persons as LBRO considers appropriate.

(5) LBRO must publish (in such manner as it considers appropriate) any guidance given by it under this section.

(6) LBRO may vary or revoke any guidance given by it under this section by further guidance under this section.

7 Guidance to local authorities: enforcement

(1) LBRO may at any time, if it thinks it appropriate to do so, direct one or more local authorities in England or Wales to comply with—

(a) any guidance given under section 6 which relates to the exercise of a relevant function, or

(b) any guidance given under an enactment by another person which relates to the exercise of a relevant function.

(2) LBRO may not give a direction under this section without the consent of the Secretary of State, except in a case to which subsection (3) applies.

(3) LBRO may not give a direction under this section to one or more local authorities in Wales in relation to a Welsh ministerial matter without the consent of the Welsh Ministers.

(4) Where a direction under this section relates to two or more local authorities in England and Wales, consent under subsection (2) or (3) must be given by order.

(5) Before giving a direction under this section LBRO must consult—

(a) the local authorities in England or Wales to whom the direction is to be given,

(b) any relevant regulator, and

(c) such other persons as LBRO considers appropriate.

(6) In subsection (5)(b) “relevant regulator” means a person (other than a local authority in England or Wales) with regulatory functions which relate to the matter to which the direction relates.

(7) LBRO must publish (in such manner as it considers appropriate) any direction given by it under this section.

(8) A direction under this section may be revoked or varied by a further direction under this section.

8 Financial support and assistance to local authorities

LBRO may provide financial support and assistance—

(a) to a local authority in England or Wales in relation to its exercise of its relevant functions;

(b) to any other person for the purpose of assisting local authorities in England or Wales in the exercise of their relevant functions.

9 Advice to Ministers of the Crown

(1) LBRO may at any time give advice or make proposals to a Minister of the Crown on—

(a) the way in which any one or more local authorities in England or Wales exercise any of their relevant functions;

(b) the effectiveness of legislation (or proposed legislation) relating to the exercise by local authorities in England or Wales of their relevant functions;

(c) whether any other regulatory functions could appropriately be exercised by local authorities in England or Wales;

(d) any other matter relating to the exercise by local authorities in England or Wales of their relevant functions.

(2) LBRO must give advice or make proposals to a Minister of the Crown on the matters referred to in subsection (1) if requested to do so by that Minister.

10 Advice to Welsh Ministers

(1) LBRO may at any time give advice or make proposals to the Welsh Ministers on—

(a) the way in which any one or more local authorities in Wales exercise any of their relevant functions in relation to any Welsh ministerial matter;

(b) the effectiveness of legislation (or proposed legislation) relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter;

(c) whether any other regulatory functions could appropriately be exercised by local authorities in Wales in relation to any such matter;

(d) anything else relating to the exercise by local authorities in Wales of their relevant functions in relation to any such matter.

(2) LBRO must give advice or make proposals to the Welsh Ministers on the matters referred to in subsection (1) if requested to do so by the Welsh Ministers.