Levelling-up and Regeneration Act 2023

Enforcement

160 Enforcement

(1) EOR regulations may make provision about, or in connection with, the enforcement of requirements imposed by or under this Part.

(2) EOR regulations under this section may, in particular, include provision—

(a) creating a criminal offence (but may not create a criminal offence punishable with imprisonment);

(b) conferring a power on any court or tribunal;

(c) for the imposition of civil sanctions and appeals against such sanctions;

(d) conferring a power of entry (whether or not on the authority of a warrant);

(e) conferring a power of inspection, search, seizure or detention (whether or not on the authority of a warrant);

(f) authorising, or making provision for the authorisation of, the use of reasonable force in connection with a power mentioned in paragraph (d) or (e);

(g) applying, or corresponding to, any provision, made by or under any enactment, relating to enforcement in connection with a category 1 consent or a category 2 consent (with or without modifications).

(3) EOR regulations under subsection (2)(c) may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.

(4) In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings).