The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012

Statutory Instruments

2012 No. 246

Regulatory Reform

The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012

Made

1st February 2012

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 18 of the Regulatory Enforcement and Sanctions Act 2008(1).

In accordance with section 20(3) of that Act a draft of this Order was laid before and approved by a resolution of each House of Parliament.

The Secretary of State has, in accordance with section 18(6) of that Act, consulted the Welsh Ministers and such persons as appear to the Secretary of State to be substantially affected by the dissolution of the Local Better Regulation Office.

Citation and commencement

1.—(1) This Order may be cited as the Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012.

(2) This Order comes into force on the day following the day on which it is made.

Interpretation

2.  In this Order—

“the Act” means the Regulatory Enforcement and Sanctions Act 2008;

“the dissolution date” means 1st April 2012; and

“LBRO” means the Local Better Regulation Office.

Dissolution of the Local Better Regulation Office

3.  On the dissolution date LBRO is dissolved.

Transfer of functions

4.—(1) On the dissolution date—

(a) the functions of LBRO under Part 1 of the Act are transferred, in accordance with Schedule 1, to the Secretary of State and the Welsh Ministers; and

(b) the functions of LBRO under Part 2 of the Act are transferred, in accordance with Schedule 1, to the Secretary of State.

(2) Schedule 1 (which gives effect to the transfers made by paragraph (1) and makes consequential, supplemental and incidental provision in relation to those transfers) has effect.

(3) The Secretary of State and the Welsh Ministers must enter into a memorandum of understanding with each other as to how they will work together in the exercise of their respective functions as a result of this Order.

Transfer of property

5.—(1) All the property, rights and liabilities to which LBRO is entitled or subject immediately before the dissolution date become on that date property, rights and liabilities of the Secretary of State.

(2) Paragraph (1) operates in relation to property, rights and liabilities—

(a) whether or not they would otherwise be capable of being transferred;

(b) without any instrument or other formality being required; and

(c) despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.

Transfer of employees

6.  The Transfer of Undertakings (Protection of Employment) Regulations 2006(2) have effect as if the transfer of functions to the Secretary of State under article 4(1) is a relevant transfer for the purposes of those Regulations.

Final accounts

7.—(1) The Secretary of State must prepare a statement of accounts of LBRO for the period beginning with 1st April 2011 and ending immediately before the dissolution date (“the final accounts”).

(2) The final accounts must be prepared in accordance with any directions given by the Secretary of State to LBRO under paragraph 13(3) of Schedule 1 to the Act which had effect immediately before the dissolution date.

(3) The Secretary of State must send a copy of the final accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the period covered by the final accounts.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts received under paragraph (3), and

(b) send a copy of the certified statement and report to the Secretary of State.

(5) The Secretary of State must lay before Parliament a copy of the certified statement and the report received under paragraph (4)(b).

Transitional provisions

8.  Schedule 2 (which makes transitional provisions) has effect.

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills

1st February 2012

Article 4(2)

SCHEDULE 1 Transfer of Functions

PART 1 Regulatory Enforcement and Sanctions Act 2008

Repeals

1.  The following provisions of the Regulatory Enforcement and Sanctions Act 2008 are repealed—

(a) section 1(1) and (2);

(b) section 2;

(c) section 6(2)(a);

(d) in section 6(6), the words “by it”;

(e) section 7;

(f) section 8;

(g) section 9;

(h) section 10(2);

(i) in section 11(4), the words “to it”;

(j) section 11(6);

(k) section 13;

(l) section 14;

(m) section 15;

(n) in section 16(1), paragraph (b) and the word “, or” preceding it;

(o) in section 16(2), in both places, and in subsection (3)(a) and (b), the words “or directions”;

(p) in section 16(4), the words “, and comply with any directions,”;

(q) in section 16(5), in both places, the words “or directions”;

(r) section 16(6) and (7);

(s) section 17;

(t) in section 20(2), the words “, 7(4) or 15(7)”;

(u) section 20(4);

(v) in section 21, the definition of “LBRO” and that of “the LBRO company”;

(w) section 32;

(x) section 33(5)(a);

(y) in section 33(6), the words “by it”;

(z) in section 35, the definition of “LBRO”;

(aa) Schedule 1, except paragraphs 11(3) and (4) and 16; and

(bb) Schedule 2.

Part 1 of the Act

2.  Part 1 of the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

3.  In section 5(1), for the words from the beginning to “has” substitute “In exercising their functions under sections 6 to 10 the Secretary of State and the Welsh Ministers have”.

4.  In section 6—

(a) for subsection (1), substitute—

“(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 Welsh ministerial 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 Welsh ministerial matters.”;

(b) in subsection (2), after “(1)” insert “or (1A)”;

(c) in subsection (4), for “LBRO”, in each place, substitute “the person giving the guidance”;

(d) for subsection (5), substitute—

“(5) The person giving guidance under this section must publish it in such manner as that person considers appropriate.”;

(e) in subsection (6), for “LBRO” substitute “The person giving the guidance”.

5.  In section 10(1), for “LBRO” substitute “The Secretary of State”.

6.  In section 11—

(a) for subsection (1) substitute—

“(1) The Secretary of State must prepare and publish a list specifying those matters to which a local authority in England should give priority when allocating resources to its relevant functions.

(1A) The Welsh Ministers must prepare and publish a list specifying those matters to which a local authority in Wales should give priority when allocating resources to its relevant functions.”;

(b) in subsection (2), after “(1)” insert “or (1A)”;

(c) in subsection (3)—

(i) for “LBRO” substitute “the person preparing the list”; and

(ii) for “it” substitute “that person”;

(d) in subsection (4), for “LBRO” substitute “The person preparing the list”;

(e) for subsection (5), substitute—

“(5) Before publishing a list under subsection (1A), the Welsh Ministers must consult the Secretary of State.”; and

(f) for subsections (7) and (8), substitute—

“(7) A list published under this section must be reviewed from time to time by the person who published it.

(8) A list revised as a result of a review under subsection (7) must be published (and subsections (2) to (7) have effect in relation to it).”.

7.  In section 12—

(a) In subsection (1), for “LBRO” substitute “The Secretary of State”; and

(b) after subsection (2), insert—

“(3) The Secretary of State must consult the Welsh Ministers about—

(a) revising an existing memorandum of understanding, or

(b) entering into a new one,

which relates to a Welsh ministerial matter.”.

8.  In section 16—

(a) in subsection (1)—

(i) for “LBRO” substitute “the Secretary of State”; and

(ii) for “its functions relating” substitute “the Secretary of State’s functions under this Act so far as they relate”;

(b) in subsection (2)(a), for “LBRO” substitute “the Secretary of State”; and

(c) in subsection (4), for “LBRO” substitute “The Secretary of State”.

Part 2 of the Act

9.  Part 2 of the Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

10.  In section 25(1), for “LBRO” substitute “the Secretary of State”.

11.  In section 26—

(a) in subsection (1)—

(i) for “LBRO”, where it first appears, substitute “The Secretary of State”; and

(ii) for “LBRO”, where it appears elsewhere, substitute “the Secretary of State”;

(b) in subsections (2), (4), (5) and (6), for “LBRO” substitute “The Secretary of State”;

(c) in subsection (3), for “LBRO” substitute “the Secretary of State”; and

(d) in subsection (5)(a) and (b), for “it” substitute “the Secretary of State”.

12.  In section 28(7) and (9)(b), for “LBRO” substitute “the Secretary of State”.

13.  In section 30(6), for “LBRO” substitute “the Secretary of State”.

14.  In section 33—

(a) in subsections (1), (5), (6) and (7), for “LBRO” substitute “The Secretary of State”;

(b) in subsection (4), for “LBRO” and for “it” substitute “the Secretary of State”;

(c) in subsection (6) for “as it” substitute “as the Secretary of State”; and

(d) for the section heading, substitute “Guidance from the Secretary of State”.

15.  In paragraph 11(3) of Schedule 1, for “LBRO” substitute “the Secretary of State in respect of the Secretary of State’s functions under Parts 1 and 2”.

16.  In Schedule 4—

(a) in paragraph 1(1), for “LBRO”, in both places, substitute “the Secretary of State”;

(b) in paragraph 1(2)—

(i) in sub-paragraph (a), for “LBRO” and for “it” substitute “the Secretary of State”; and

(ii) in sub-paragraph (b), for “it” substitute “the Secretary of State”;

(c) in paragraph 1(4), for “LBRO” and for “it” substitute “the Secretary of State”;

(d) in paragraph 2(1), for “LBRO”, in both places, substitute “the Secretary of State”;

(e) in paragraph 2(2)—

(i) in paragraph (a), for “LBRO” and for “it” substitute “the Secretary of State”; and

(ii) in paragraph (b), for “it” substitute “the Secretary of State”;

(f) in paragraph 2(5), for “LBRO” and for “it” substitute “the Secretary of State”;

(g) in paragraph 2(7)—

(i) for “LBRO”, where it first appears, substitute “The Secretary of State”; and

(ii) for “LBRO”, where it appears elsewhere, substitute “the Secretary of State”;

(h) in paragraph 3(1), for “LBRO”, in both places, substitute “the Secretary of State”;

(i) in paragraph 3(2)—

(i) in paragraph (a), for “LBRO” and “it” substitute “the Secretary of State”; and

(ii) in paragraph (b), for “it” substitute “the Secretary of State”;

(j) in paragraph 3(5), for “LBRO” and for “it” substitute “the Secretary of State”;

(k) in paragraph 5(1)—

(i) for “LBRO” substitute “the Secretary of State”; and

(ii) in paragraph (b), for “it” substitute “Secretary of State”;

(l) in paragraph 6(1), for “LBRO” substitute “The Secretary of State”;

(m) in paragraph 6(2), for “LBRO” substitute “the Secretary of State”;

(n) in paragraph 7(1)—

(i) for “LBRO” substitute “The Secretary of State”; and

(ii) for “it” substitute “the Secretary of State”;

(o) in paragraph 7(3)—

(i) for “LBRO” substitute “The Secretary of State”; and

(ii) for “it” substitute “the Secretary of State”;

(p) in paragraph 8, for “LBRO”, in both places, and for “it”, in both places, substitute “the Secretary of State”; and

(q) in the Schedule heading, for “LBRO” substitute “the Secretary of State”.

PART 2 Other Enactments

17.  In the Parliamentary Commissioner Act 1967(3), in Schedule 2 (departments etc. subject to investigation) the entry relating to the Local Better Regulation Office is repealed.

18.  In the Superannuation Act 1972(4), in Schedule 1 (kinds of employment, etc., referred to in section 1 of that Act), the entry relating to the Local Better Regulation Office is repealed.

19.  In the House of Commons Disqualification Act 1975(5), in Schedule 1, Part 2 (bodies of which all members are disqualified), the entry relating the Local Better Regulation Office is repealed.

20.  In the Freedom of Information Act 2000(6), Schedule 1, in Part 6 (other public bodies and offices: general) the entry relating to the Local Better Regulation Office is repealed.

Article 8

SCHEDULE 2 Transitional Provisions

1.  A list published by LBRO under section 11(1)(a) or (b) of the Regulatory Enforcement and Sanctions Act 2008 has effect on or after the dissolution date as if prepared and published by the Secretary of State or, as the case may be, by the Welsh Ministers under section 11 of that Act.

2.  Anything done by or in relation to LBRO which has effect immediately before the dissolution date is, so far as necessary for continuing its effect on or after that day, to have effect, as appropriate, as if done by or in relation to—

(a) the Secretary of State; or

(b) the Welsh Ministers.

3.  If before the dissolution date any consultation was undertaken by LBRO which, had it been undertaken by the Secretary of State or the Welsh Ministers on or after that date, would to any extent have satisfied any consultation requirement to which the Secretary of State is or the Welsh Ministers are subject, the requirement may to that extent be taken to have been satisfied.

4.  Anything (including legal proceedings) which, immediately before the dissolution date, is in the process of being done by or in relation to LBRO may be continued by or in relation to the Secretary of State.

5.  So far as is necessary or appropriate in consequence of article 4 or 5, on and after the dissolution date a reference to LBRO in an enactment, instrument or other document is to be treated as a reference to the Secretary of State.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, made under section 18 of the Regulatory Enforcement and Sanctions Act 2008 (c.13) (“RESA”), provides for the dissolution of the Local Better Regulation Office (“LBRO”) and the transfer of its functions to the Secretary of State and the Welsh Ministers.

The LBRO was established under Part 1 of RESA, and came into being on 1st October 2008. Section 18 of RESA empowers the Secretary of State to dissolve LBRO and transfer its functions etc. by Order, subject to consultation and to approval in each House of Parliament.

Article 3 dissolves LBRO on 1st April 2012.

Article 4(1) transfers LBRO’s functions to the Secretary of State and the Welsh Ministers, as provided for by Schedule 1.

Article 4(2) brings Schedule 1 (Transfer of Functions) into effect.

Article 4(3) provides that the Secretary of State and the Welsh Ministers shall enter into a memorandum of understanding, which will set out in more detail how the two administrations will operate the transferred functions.

Article 5 provides for the transfer of all LBRO’s property, rights and liabilities to the Secretary of State.

Article 6 provides, in accordance with the requirement of RESA section 18(4), for the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I.2006/246) to the transfer of LBRO’s rights and liabilities relating to employees.

Article 8 brings Schedule 2 (Transitional Provisions) into effect.

Schedule 1 Part 1 provides the repeals and amendments to RESA which are consequent upon the LBRO’s dissolution and transfer of its functions, property, rights and liabilities to the Secretary of State or to the Welsh Ministers.

Schedule 1 Part 2 provides the repeals to other legislation consequent upon the dissolution of LBRO.

Schedule 2 provides transitional provisions.

(1)

2008 c.13.

(2)

S.I. 2006/246.

(3)

1967 c. 13. The relevant entry was inserted by paragraph 18 of Schedule 1 to the Regulatory Enforcement and Sanctions Act 2008.

(4)

1972 c. 11. The relevant entry was inserted by Article 2(2)(b) of the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008, S.I. 2008/1891.

(5)

1975 c. 24. The relevant entry was inserted by paragraph 17 of Schedule 1 to the Regulatory Enforcement and Sanctions Act 2008.

(6)

2000 c. 36. The relevant entry was inserted by paragraph 19 of Schedule 1 to the Regulatory Enforcement and Sanctions Act 2008.