- Latest available (Revised)
- Point in Time (07/02/2023)
- Original (As enacted)
Regulatory Enforcement and Sanctions Act 2008
You are here:
- UK Public General Acts
- 2008 c. 13
- Part 2
- Primary authorities
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Cross Heading: Primary authorities
Alternative versions:
- 06/04/2009- Amendment
- 02/02/2012- Amendment
- 01/10/2013- Amendment
- 07/02/2023
Point in time
Status:
Point in time view as at 07/02/2023.
Changes to legislation:
Regulatory Enforcement and Sanctions Act 2008, Cross Heading: Primary authorities is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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.
[Primary authoritiesU.K.
25Primary authoritiesU.K.
(1)For the purposes of this Part [F1the Secretary of State] may nominate a local authority to be the “primary authority” for the exercise of the relevant function in relation to the regulated person.
(2)Sections 27 to 32 apply in any case where a primary authority is nominated under this section in relation to the regulated person.
Textual Amendments
F1Words in s. 25(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 10 (with Sch. 2)
26Nomination of primary authoritiesU.K.
(1)[F2The Secretary of State] may only nominate a local authority under section 25(1) in relation to the regulated person if—
(a)the authority and the regulated person have agreed in writing to the nomination, or
(b)the regulated person has requested [F3the Secretary of State] to make a nomination under section 25(1) for the exercise of the relevant function in relation to the regulated person,
and [F3the Secretary of State] considers the authority suitable for nomination.
(2)[F4Where the Secretary of State has been satisfied that the regulated person is within section 22(1), the Secretary of State ] may in particular consider as suitable for nomination under subsection (1)—
(a)the local authority in whose area the regulated person principally carries out the activity in relation to which the relevant function is exercised;
(b)the local authority in whose area the regulated person administers the carrying out of that activity.
(3)Before nominating a local authority under section 25(1) in the case referred to in subsection (1)(b) [F5the Secretary of State] must consult—
(a)that authority, and
(b)the regulated person.
(4)[F6The Secretary of State] must have particular regard to any representations made by a local authority pursuant to subsection (3) as to the resources available to it.
(5)[F7The Secretary of State] may at any time revoke a nomination under section 25(1) if—
(a)[F8the Secretary of State] considers that the authority is no longer suitable for nomination, or
(b)[F8the Secretary of State] considers it appropriate to do so for any other reason,
and subsections (2) to (4) apply in relation to a revocation of a nomination as in relation to a nomination.
(6)[F9The Secretary of State] must maintain, or cause to be maintained, a register of nominations under section 25(1).]
Textual Amendments
F2Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(i) (with Sch. 2)
F3Words in s. 26(1) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(a)(ii) (with Sch. 2)
F4Words in s. 26(2) substituted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(7), 103(3); S.I. 2013/2227, art. 2(d)
F5Words in s. 26(3) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(c) (with Sch. 2)
F6Words in s. 26(4) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F7Words in s. 26(5) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
F8Words in s. 26(5)(a)(b) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(d) (with Sch. 2)
F9Words in s. 26(6) substituted (2.2.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 1(2), 2, 4(2), Sch. 1 para. 11(b) (with Sch. 2)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Cross Heading only
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
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
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.
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
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.