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Regulatory Enforcement and Sanctions Act 2008
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- 01/10/2008- Amendment
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Regulatory Enforcement and Sanctions Act 2008, Section 6 is up to date with all changes known to be in force on or before 29 December 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.
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6Guidance to local authoritiesU.K.
This section has no associated Explanatory Notes
[F1(1)It is a function of the Secretary of State to give guidance to—
(a)one or more local authorities in England,
(b)one or more local authorities in Wales, or
(c)local authorities in England and Wales
as to how to exercise their relevant functions (other than functions relating to [F2devolved Welsh] matters).
(1A)It is a function of the Welsh Ministers to give guidance to one or more local authorities in Wales as to how to exercise their relevant functions which relate to [F2devolved Welsh] matters.]
(2)Guidance under subsection (1) [F3or (1A)] —
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F5the person giving the guidance] 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 [F5the person giving the guidance] considers appropriate, and
(c)such other persons as [F5the person giving the guidance] considers appropriate.
[F6(5)The person giving guidance under this section must publish it in such manner as that person considers appropriate.]
(6)[F7The person giving the guidance] may vary or revoke any guidance given F8... under this section by further guidance under this section.
Textual Amendments
F1S. 6(1)(1A) substituted for s. 6(1) (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. 4(a) (with Sch. 2)
F2Words in s. 6(1)(1A) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(b), 44(5); S.I. 2016/695, art. 3(c)
F3Words in s. 6(2) inserted (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. 4(b) (with Sch. 2)
F4S. 6(2)(a) repealed (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. 1(c) (with Sch. 2)
F5Words in s. 6(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. 4(c) (with Sch. 2)
F6S. 6(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. 4(d) (with Sch. 2)
F7Words in s. 6(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. 4(e) (with Sch. 2)
F8Words in s. 6(6) repealed (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. 1(d) (with Sch. 2)
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