Regulatory Enforcement and Sanctions Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Regulatory Enforcement and Sanctions Bill [HL]

Regulatory Enforcement and Sanctions Bill [HL]
Part 1 — The Local Better Regulation Office
1

A
Bill
[AS AMENDED IN GRAND COMMITTEE]
To
Make provision for the establishment of the Local Better Regulation Office; for
the co-ordination of regulatory enforcement by local authorities; for the
creation of civil sanctions in relation to regulatory offences; for the reduction
and removal of regulatory burdens; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Local Better Regulation Office
Establishment of LBRO
1
LBRO
(1)
The Local Better Regulation Office is established as a body corporate.
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(2)
In Parts 1 and 2 it is referred to as “LBRO”.
(3)
Schedule 1 (which makes further provision about LBRO) has effect.
2
Dissolution of the LBRO company
(1)
The company limited by guarantee with registered number 6237580 and the
company name Local Better Regulation Office (in this Part called “the LBRO
10
company”) is dissolved.
(2)
The registrar of companies for England and Wales must strike the name of the
LBRO company off the register of companies before the end of the period of
seven days beginning with the day on which this section comes into force.

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Regulatory Enforcement and Sanctions Bill [HL]
Part 1 — The Local Better Regulation Office
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(3)
Schedule 2 (which makes provision relating to the replacement of the LBRO
company by LBRO) has effect.
Definitions
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“Local authority”
(1)
In this Part references to a local authority in England are to any of the
5
following—
(a)
a county or district council in England;
(b)
a London borough council;
(c)
the Common Council of the City of London;
(d)
the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the
10
Middle Temple;
(e)
the Council of the Isles of Scilly;
(f)
a fire and rescue authority in England (not being an authority referred
to in paragraphs (a) to (e);
(g)
a port health authority in England (not being an authority referred to in
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paragraphs (a) to (e));
(h)
an authority established under section 10 of the Local Government Act
1985 (c. 51) (waste disposal authorities for Greater London and
metropolitan counties).
(2)
In this Part references to a local authority in Wales are to any of the following—
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(a)
a county or county borough council in Wales;
(b)
a fire and rescue authority in Wales (not being a county or county
borough council);
(c)
a port health authority in Wales (not being a county or county borough
council).
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4
“Relevant function”
(1)
In this Part “relevant function”, in relation to a local authority in England or
Wales, means—
(a)
a function under a relevant enactment of imposing requirements,
restrictions or conditions, or setting standards or giving guidance, in
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relation to any activity, or
(b)
a function which relates to the securing of compliance with, or the
enforcement of, requirements, restrictions, conditions, standards or
guidance which under or by virtue of a relevant enactment relate to any
activity.
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(2)
In subsection (1) “relevant enactment” means—
(a)
an enactment specified in Schedule 3 or an enactment made under such
an enactment;
(b)
an enactment to which subsection (3) applies.
(3)
This subsection applies to any enactment made under section 2(2) of the
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European Communities Act 1972 (c. 68) with respect to any of the following
matters—
(a)
agricultural produce (quality standards and labelling);
(b)
animal health and welfare;

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(c)
animal feed;
(d)
consumer protection;
(e)
environmental protection;
(f)
food hygiene and standards;
(g)
public health and safety;
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(h)
weights and measures (including measuring instruments).
(4)
The Secretary of State may by order—
(a)
amend Schedule 3 so as to add any enactment to it or to remove any
enactment from it;
(b)
amend subsection (3) so as to add any matter to it or remove any matter
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from it.
(5)
An order under subsection (4) may make different provision for different
purposes (including different provision in relation to local authorities in
England and Wales respectively).
(6)
An order under subsection (4) requires the consent of the Welsh Ministers to
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make provision, in relation to local authorities in Wales, in respect of a Welsh
ministerial matter.
(7)
Any question as to whether, for the purposes of subsection (3), an instrument
made under section 2(2) of the European Communities Act 1972 (c. 68) is made
with respect to any of the matters specified in that subsection may be
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determined by direction made by the Secretary of State.
(8)
In subsection (1)—
(a)
references to a function do not include a function of conducting
criminal or civil proceedings;
(b)
references to an activity include providing goods and services and
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employing or offering employment to any person.
General functions of LBRO
5
Objective relating to general functions
(1)
In exercising its functions under sections 6 to 10 LBRO has the objective of
securing that local authorities in England and Wales exercise their relevant
30
functions—
(a)
effectively,
(b)
in a way which does not give rise to unnecessary burdens, and
(c)
in a way which conforms with the principles in subsection (2).
(2)
Those principles are that—
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(a)
regulatory activities should be carried out in a way which is
transparent, accountable, proportionate and consistent;
(b)
regulatory activities should be targeted only at cases in which action is
needed.
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Guidance to local authorities
40
(1)
LBRO has the function of giving guidance to local authorities in England and
Wales as to how to exercise their relevant functions.

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(2)
Guidance under subsection (1)—
(a)
may be given to any one or more local authorities in England or Wales;
(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.
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(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
LBRO must consult—
(a)
the persons whose activities are regulated by the exercise of the
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function, or persons representative of such persons, and
(b)
such other persons as LBRO considers appropriate.
(5)
LBRO must publish (in such manner as it considers appropriate) any guidance
given by it under this section.
(6)
LBRO may vary or revoke any guidance given by it under this section by
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further guidance under this section.
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Guidance to local authorities: enforcement
(1)
LBRO may at any time, if it thinks it appropriate to do so, direct one or more
local authorities in England or Wales to comply with—
(a)
any guidance given under section 6 which relates to the exercise of a
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relevant function, or
(b)
any guidance given under an enactment by another person which
relates to the exercise of a relevant function.
(2)
LBRO may not give a direction under this section without the consent of the
Secretary of State, except in a case to which subsection (3) applies.
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(3)
LBRO may not give a direction under this section to one or more local
authorities in Wales in relation to a Welsh ministerial matter without the
consent of the Welsh Ministers.
(4)
Where a direction under this section relates to two or more local authorities in
England and Wales, consent under subsection (2) or (3) must be given by order.
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(5)
Before giving a direction under this section LBRO must consult—
(a)
any relevant regulator, and
(b)
such other persons as LBRO considers appropriate.
(6)
In subsection (5)(a) “relevant regulator” means a person (other than a local
authority in England or Wales) with regulatory functions which relate to the
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matter to which the direction relates.
(7)
LBRO must publish (in such manner as it considers appropriate) any direction
given by it under this section.
(8)
A direction under this section may be revoked or varied by a further direction
under this section.
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8
Financial support and assistance to local authorities
LBRO may provide financial support and assistance—

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Part 1 — The Local Better Regulation Office
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(a)
to a local authority in England or Wales in relation to its exercise of its
relevant functions;
(b)
to any other person for the purpose of assisting local authorities in
England or Wales in the exercise of their relevant functions.
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Advice to Ministers of the Crown
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(1)
LBRO may at any time give advice or make proposals to a Minister of the
Crown on—
(a)
the way in which any one or more local authorities in England or Wales
exercise any of their relevant functions;
(b)
the effectiveness of legislation relating to the exercise by local
10
authorities in England or Wales of their relevant functions;
(c)
whether any other regulatory functions could appropriately be
exercised by local authorities in England or Wales;
(d)
any other matter relating to the exercise by local authorities in England
or Wales of their relevant functions.
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(2)
LBRO must give advice or make proposals to a Minister of the Crown on the
matters referred to in subsection (1) if requested to do so by that Minister.
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Advice to Welsh Ministers
(1)
LBRO may at any time give advice or make proposals to the Welsh Ministers
on—
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(a)
the way in which any one or more local authorities in Wales exercise
any of their relevant functions in relation to any Welsh ministerial
matter;
(b)
the effectiveness of legislation relating to the exercise by local
authorities in Wales of their relevant functions in relation to any such
25
matter;
(c)
whether any other regulatory functions could appropriately be
exercised by local authorities in Wales in relation to any such matter;
(d)
anything else relating to the exercise by local authorities in Wales of
their relevant functions in relation to any such matter.
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(2)
LBRO must give advice or make proposals to the Welsh Ministers on the
matters referred to in subsection (1) if requested to do so by the Welsh
Ministers.
Function relating to enforcement priorities
11
Enforcement priorities
35
(1)
LBRO must prepare and publish—
(a)
a list specifying those matters to which a local authority in England
should give priority when allocating resources to its relevant functions,
and
(b)
a list specifying those matters to which a local authority in Wales
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should give priority when allocating resources to its relevant functions.
(2)
A local authority in England or Wales must have regard to the appropriate list
under subsection (1) when allocating resources to its relevant functions.

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(3)
Before publishing a list under subsection (1) LBRO must consult such persons
as it considers appropriate.
(4)
LBRO must publish details of any representations made to it pursuant to
subsection (3).
(5)
LBRO may not publish a list under subsection (1)(a) without the consent of the
5
Secretary of State.
(6)
LBRO may not publish a list under subsection (1)(b)—
(a)
without consulting the Secretary of State;
(b)
without the consent of the Welsh Ministers.
(7)
LBRO must review a list under this section—
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(a)
from time to time on its own initiative;
(b)
if requested to do so by the Secretary of State;
(c)
in the case of a list under subsection (1)(b), if requested to do so by the
Welsh Ministers.
(8)
If following a review LBRO decides to revise a list under this section it must
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publish the revised list (and subsections (2) to (7) have effect in relation to any
revised list).
Matters relating to exercise of LBRO’s functions
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Relationship with other regulators
(1)
LBRO and a regulator to which this section applies must enter into a
20
memorandum of understanding with each other as to how they will work
together in the exercise of their respective functions.
(2)
This section applies to the following regulators—
(a)
the Environment Agency;
(b)
the Food Standards Agency;
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(c)
the Gambling Commission;
(d)
the Health and Safety Executive;
(e)
the Office of Fair Trading.
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Duty not to impose burdens etc
(1)
LBRO must secure that in exercising any of its functions it does not—
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(a)
impose burdens which are unnecessary, or
(b)
maintain burdens which have become unnecessary.
(2)
Subsection (1) does not require the removal of a burden which has become
unnecessary where its removal would, having regard to all the circumstances,
be impracticable or disproportionate.
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(3)
LBRO must secure that—
(a)
it exercises its functions in a way which is transparent, accountable,
proportionate and consistent;
(b)
it targets its activities only at cases in which action is needed.