The Co-ordination of Regulatory Enforcement (Procedure for References to LBRO) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the procedure that will govern the reference of matters for determination by the LBRO in accordance with Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008.

Part 2 of that Act establishes a scheme for co-ordination of regulatory enforcement against a person (a “regulated person”) where that person carries on an activity in the area of two or more local authorities and each of those authorities has the same relevant function in relation to that activity. Under the scheme one authority can be appointed as “the primary authority” in relation to the regulated person. In such cases, the taking of enforcement action against the regulated person by any other local authority (an “enforcing authority”) has to be notified to the primary authority, who may direct the enforcing authority not to take the action.

LBRO may determine a reference of a matter where there is dispute between the parties in relation to whether or not an enforcement action should or should not go ahead.

Article 2 of the Order gives the website address for LBRO and provides that applications for consent to a reference must be made in writing through that website. Article 3 sets out the information to be provided to LBRO by an applicant. Articles 4 to 7 set out time limits for making an application. Article 8 provides for notice of an application to be given to the other parties, i.e. whichever of the enforcing authority, regulated person and primary authority is not the applicant. Article 9 provides for the making of representations by the other parties to a reference. Article 10 provides for LBRO to take a decision as to whether to consent to a reference as soon as reasonably practicable, and also makes provision for LBRO to inform the parties of that decision.

Article 11 makes provision for the withdrawal of an application for consent to a reference or withdrawal of a reference once consent has been given by LBRO.

Article 12 makes provision in relation to confidentiality and use of information.

Articles 13 and 14 provide that LBRO must inform the parties of its determination in writing as soon as reasonably practicable, and provide written reasons for its determination.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Enterprise and Regulatory Reform, Bay 3134, 1 Victoria Street, London, SW1H 0ET, and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.