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Supplementary and general |
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67 | Payment of penalties into Consolidated Fund etc |
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(1) | Where pursuant to any provision made under or by virtue of this Part a |
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(a) | a fixed monetary penalty, a variable monetary penalty or a non- |
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compliance penalty under section 44(1), or |
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(b) | any interest or other financial penalty for late payment of such a |
| |
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| the regulator must pay it into the relevant Fund. |
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(2) | In subsection (1) “relevant Fund” means— |
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(a) | in a case where the regulator has functions only in relation to Wales, the |
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(b) | in a case where the regulator has functions only in relation to Scotland, |
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the Scottish Consolidated Fund, |
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(c) | in a case where the regulator has functions only in relation to Northern |
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Ireland, the Consolidated Fund of Northern Ireland, and |
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(d) | in any other case, the Consolidated Fund. |
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68 | Disclosure of information |
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(1) | Information held by or on behalf of a person referred to in section 36(3) may be |
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disclosed to a regulator on whom powers are conferred under or by virtue of |
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(a) | the person has an enforcement function in relation to an offence, and |
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(b) | the information is disclosed for the purpose of the exercise by the |
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regulator of any powers conferred on it under or by virtue of this Part |
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in relation to that offence. |
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(2) | It is immaterial for the purposes of subsection (1) whether the information was |
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obtained before or after the coming into force of this section. |
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(3) | A disclosure under this section is not to be taken to breach any restriction on |
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the disclosure of information (however imposed). |
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(4) | Nothing in this section authorises the making of a disclosure in contravention |
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(a) | the Data Protection Act 1998 (c. 29), or |
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(b) | Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). |
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(5) | This section does not affect a power to disclose which exists apart from this |
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69 | Interpretation of Part 3 |
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“enforcement function”, in relation to an offence, means a function |
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(whether or not statutory) of taking any action with a view to or in |
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connection with the imposition of any sanction, criminal or otherwise, |
| 40 |
in a case where the offence is committed; |
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“enforcement undertaking” has the meaning given in section 49(2); |
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“fixed monetary penalty” has the meaning given in section 38(3); |
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“non-monetary discretionary requirement” has the meaning given in |
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“prescribed” means prescribed in an order under this Part; |
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“regulator” has the meaning given in section 36; |
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“relevant offence” has the meaning given in section 37; |
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“stop notice” has the meaning given in section 45(2); |
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“variable monetary penalty” has the meaning given in section 41(5). |
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(2) | For the purposes of this Part, any reference to a person who has an enforcement |
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function in relation to an offence includes a reference to a person who is in any |
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circumstances capable of exercising an enforcement function in relation to the |
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70 | Duty not to impose or maintain unnecessary burdens |
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(1) | Any person exercising a regulatory function to which this section applies must |
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secure that in exercising the function the person does not— |
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(a) | impose burdens which are unnecessary, or |
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(b) | maintain burdens which have become unnecessary. |
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(2) | Subsection (1) does not require the removal of a burden which has become |
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unnecessary where its removal would, having regard to all the circumstances, |
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be impracticable or disproportionate. |
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(3) | Where this section applies to a regulatory function, the person exercising the |
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function must from time to time publish a statement setting out— |
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(a) | what the person proposes to do pursuant to subsection (1) in relation to |
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the function in the period to which the statement relates, |
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(b) | (except in the case of the first statement published by the person under |
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this section) what the person has done pursuant to subsection (1) in |
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relation to the function since the previous statement published by that |
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person under this section, and |
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(c) | where a burden relating to the exercise of the function which has |
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become unnecessary is maintained pursuant to subsection (2), the |
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reasons why removal of the burden would, having regard to all the |
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circumstances, be impracticable or disproportionate. |
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(4) | The first statement published under this section by a person— |
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(a) | must be published as soon as reasonably practicable after the |
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commencement of the duty in subsection (1) in relation to the function, |
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(b) | is to be a statement for the period of twelve months beginning with the |
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(5) | A subsequent statement published by a person under this section— |
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(a) | must be published during the period to which the previous statement |
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related or as soon as reasonably practicable thereafter, and |
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(b) | must be a statement for the period of twelve months beginning with the |
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end of the period to which the previous statement related. |
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|
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(6) | The publication of a statement under this section must be in such manner as the |
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person publishing it considers appropriate for bringing it to the attention of the |
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persons likely to be affected by it. |
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(7) | A person exercising a function to which subsection (1) applies must, in |
| |
exercising the function during a period for which a statement is in force under |
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this section, have regard to that statement. |
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71 | Functions to which section 70 applies |
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(1) | Section 70 applies to regulatory functions specified under this section. |
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(2) | A Minister of the Crown may by order in accordance with this section specify |
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a regulatory function as a function to which section 70 applies. |
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(3) | A Minister may not under this section specify— |
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(a) | a regulatory function so far as exercisable in Scotland, if or to the extent |
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that the function relates to matters which are not reserved matters, |
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(b) | a regulatory function so far as exercisable in Northern Ireland, if or to |
| |
the extent that the function relates to matters which are transferred |
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(c) | a regulatory function so far as exercisable in Wales, if or to the extent |
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that the function relates to a Welsh ministerial matter. |
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(4) | The Welsh Ministers may by order in accordance with this section specify a |
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function falling within subsection (3)(c) as a function to which section 70 |
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(5) | Before making an order under this section the authority making the order must |
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(a) | any person whose regulatory functions are to be specified in the order, |
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| 25 |
(b) | such other persons as the authority considers appropriate. |
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(6) | An order under this section may make such consequential, supplementary, |
| |
incidental or transitional provision (including provision amending any |
| |
enactment) as the authority making it considers appropriate. |
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(7) | An order under this section is to be made by statutory instrument. |
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(8) | A statutory instrument containing an order under this section made by a |
| |
Minister of the Crown may not be made unless a draft of the instrument has |
| |
been laid before, and approved by resolution of, each House of Parliament. |
| |
(9) | A statutory instrument containing an order under this section made by the |
| |
Welsh Ministers may not be made unless a draft of the instrument has been laid |
| 35 |
before, and approved by resolution of, the National Assembly for Wales. |
| |
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“reserved matter” and “Scotland” have the same meanings as in the |
| |
Scotland Act 1998 (c. 46); |
| |
“transferred matter” and “Northern Ireland” have the same meanings as |
| 40 |
in the Northern Ireland Act 1998 (c. 47); |
| |
“Wales” has the same meaning as in the Government of Wales Act 2006 |
| |
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|
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72 | General interpretation |
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| |
“Minister of the Crown” has the same meaning as in the Ministers of the |
| 5 |
| |
“regulatory function” has the same meaning as in the Legislative and |
| |
Regulatory Reform Act 2006 (c. 51); |
| |
“Welsh ministerial matter” means a matter in Wales (within the meaning |
| |
of the Government of Wales Act 2006 (c. 32)) in respect of which the |
| 10 |
Welsh Ministers exercise functions. |
| |
| |
This Act extends to England and Wales, Scotland and Northern Ireland. |
| |
| |
(1) | Parts 1 to 4 come into force in accordance with provision made by order made |
| 15 |
by statutory instrument by the Secretary of State. |
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(2) | This Part comes into force on the day on which this Act is passed. |
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This Act may be cited as the Regulatory Enforcement and Sanctions Act 2008. |
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