Regulatory Enforcement and Sanctions Act 2008

Orders under Part 3: introductory U.K.

36 Power to make orders providing for civil sanctions U.K.

(1) A Minister of the Crown may by order in accordance with this Part make—

(a) the provision specified in section 39 (fixed monetary penalties);

(b) the provision specified in section 42 (discretionary requirements);

(c) the provision specified in section 46 (stop notices);

(d) the provision specified in section 50 (enforcement undertakings).

(2) The Welsh Ministers may by order in accordance with this Part make any such provision, where the provision relates to a Welsh ministerial matter.

(3) An order under this Part is to be made by statutory instrument.

37 “Regulator” U.K.

(1) In this Part, “regulator” means—

(a) a person specified in Schedule 5 (in this Part called a “designated regulator”), or

(b) a person, other than a designated regulator, who has an enforcement function in relation to an offence to which subsection (2) applies.

(2) This subsection applies to an offence contained, immediately before the day on which this Act is passed, in an enactment specified in Schedule 6.

(3) Subsection (1)(b) does not include—

(a) the Crown Prosecution Service,

(b) a member of a police force in England or Wales,

(c) a Procurator Fiscal,

(d) a constable of [F1 the Police Service of Scotland] ,

(e) the Public Prosecution Service for Northern Ireland, or

(f) a member of the Police Service of Northern Ireland.

Textual Amendments

F1 Words in s. 37(3)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 59

38 “Relevant offence” U.K.

(1) In this Part, “relevant offence”, in relation to a designated regulator, means an offence—

(a) in relation to which the designated regulator has an enforcement function, and

(b) which is contained in an Act immediately before the day on which this Act is passed.

(2) In this Part “relevant offence”, in relation to a regulator other than a designated regulator, means an offence—

(a) which is contained, immediately before the day on which this Act is passed, in an enactment specified in Schedule 6, and

(b) in relation to which that regulator has an enforcement function.

(3) [F2 The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010.]

Textual Amendments

F2 S. 38(3) inserted by 2010 c. 15 Sch. 26 Pt. 1 para. 98 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)