|
| |
|
| |
(1) | LBRO may do anything which it thinks necessary or expedient for the purpose |
| |
of, or in connection with, the exercise of any of its functions. |
| |
(2) | In particular, LBRO may— |
| |
(a) | enter into agreements; |
| 5 |
(b) | acquire or dispose of property; |
| |
| |
| |
Ministerial powers in relation to LBRO |
| |
15 | Guidance or directions by the Secretary of State |
| 10 |
(1) | The Secretary of State may give LBRO— |
| |
| |
(b) | general or specific directions, |
| |
| as to the exercise of any of its functions. |
| |
(2) | The Secretary of State must publish (in such manner as the Secretary of State |
| 15 |
considers appropriate) any guidance or directions given under this section. |
| |
(3) | LBRO must have regard to any guidance, and comply with any directions, |
| |
given under this section. |
| |
(4) | The Secretary of State may vary or revoke any guidance or directions given |
| |
under this section by further guidance or directions under this section. |
| 20 |
(5) | The Secretary of State may not under subsection (1)(b) give LBRO directions |
| |
relating to the exercise of its functions under section 7 in relation to two or |
| |
more local authorities in England and Wales. |
| |
(6) | The Secretary of State may by order require LBRO to exercise its functions |
| |
under section 7 in relation to two or more local authorities in England and |
| 25 |
Wales in such manner as may be specified in the order. |
| |
16 | Guidance or directions by Welsh Ministers |
| |
(1) | The Welsh Ministers may give LBRO— |
| |
| |
(b) | general or specific directions, |
| 30 |
| as to the exercise in relation to Wales of any of its functions relating to a Welsh |
| |
| |
(2) | The Welsh Ministers must publish (in such manner as they consider |
| |
appropriate) any guidance or directions given under this section. |
| |
(3) | LBRO must have regard to any guidance, and comply with any directions, |
| 35 |
given under this section. |
| |
(4) | The Welsh Ministers may vary or revoke any guidance or directions given |
| |
under this section by further guidance or directions under this section. |
| |
|
| |
|
| |
|
(5) | The Welsh Ministers may not under subsection (1)(b) give LBRO directions |
| |
relating to the exercise of its functions under section 7 in relation to two or |
| |
more local authorities in Wales. |
| |
(6) | The Welsh Ministers may by order require LBRO to exercise its functions |
| |
under section 7 in relation to two or more local authorities in Wales, so far as |
| 5 |
relating to a Welsh ministerial matter, in such manner as may be specified in |
| |
| |
Supplementary and general |
| |
17 | Power to dissolve LBRO |
| |
(1) | The Secretary of State may by order— |
| 10 |
(a) | provide for LBRO to be dissolved, and |
| |
(b) | make consequential, supplementary, incidental and transitional |
| |
provision in relation to its dissolution. |
| |
(2) | An order under subsection (1) may in particular— |
| |
(a) | provide for the transfer of the property, rights and liabilities of LBRO |
| 15 |
| |
(b) | provide for the transfer of the functions of LBRO to another person; |
| |
(c) | provide that anything done by or in relation to LBRO is, so far as is |
| |
necessary for continuing its effect, to have effect as if done by or in |
| |
relation to another person; |
| 20 |
(d) | provide for anything (which may include legal proceedings) which is |
| |
in the process of being done by or in relation to LBRO when a transfer |
| |
under the order takes effect to be continued by or in relation to another |
| |
| |
(e) | provide for a reference to LBRO in an enactment, instrument or other |
| 25 |
document to be treated as a reference to another person. |
| |
(3) | Provision under subsection (2)(a) may include provision for property, rights or |
| |
liabilities to be transferred— |
| |
(a) | whether or not they would otherwise be capable of being transferred, |
| |
(b) | without any instrument or other formality being required, and |
| 30 |
(c) | despite any provision (of whatever nature) which would otherwise |
| |
prevent, penalise or restrict their transfer. |
| |
(4) | Provision under subsection (2)(a) for the transfer of rights and liabilities |
| |
relating to employees of LBRO must include provision for the Transfer of |
| |
Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) to |
| 35 |
apply in relation to the transfer. |
| |
(5) | Provision under subsection (2)(a) or (b) may include provision establishing a |
| |
body corporate to which property, rights and liabilities, or functions, are |
| |
| |
(6) | Before making an order under this section the Secretary of State must consult— |
| 40 |
(a) | the Welsh Ministers, and |
| |
(b) | such persons (or persons representative of such persons) as appear to |
| |
the Secretary of State to be substantially affected by the dissolution of |
| |
| |
|
| |
|
| |
|
(7) | The provision which may be made by an order under this section may be made |
| |
by repealing, revoking or amending an enactment (whenever passed or made). |
| |
18 | Dissolution of LBRO: tax |
| |
(1) | Where an order under section 17 makes provision under subsection (2)(a) of |
| |
that section, the Treasury may by regulations make provision for varying the |
| 5 |
way in which a relevant tax has effect in relation to— |
| |
(a) | the property, rights or liabilities transferred, or |
| |
(b) | anything done for the purposes of, or in relation to, the transfer. |
| |
(2) | The provision which may be made under subsection (1)(a) includes in |
| |
particular provision for— |
| 10 |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| |
to the property, rights or liabilities transferred; |
| |
(b) | the property, rights or liabilities transferred to be treated in a specified |
| |
way for the purposes of a tax provision; |
| |
(c) | the Secretary of State to be required or permitted, with the consent of |
| 15 |
the Treasury, to determine, or specify the method for determining, |
| |
anything which needs to be determined for the purposes of any tax |
| |
provision so far as relating to the property, rights or liabilities |
| |
| |
(3) | The provision which may be made under subsection (1)(b) includes in |
| 20 |
particular provision for— |
| |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| |
to anything done for the purposes of, or in relation to, the transfer; |
| |
(b) | anything done for the purposes of, or in relation to, the transfer to have |
| |
or not have a specified consequence or be treated in a specified way; |
| 25 |
(c) | the Secretary of State to be required or permitted, with the consent of |
| |
the Treasury, to determine, or specify the method for determining, |
| |
anything which needs to be determined for the purposes of any tax |
| |
provision so far as relating to anything done for the purposes of, or in |
| |
relation to, the transfer. |
| 30 |
| |
“relevant tax” means income tax, corporation tax, capital gains tax, stamp |
| |
duty or stamp duty reserve tax; |
| |
“tax provision” means a provision of an enactment about a relevant tax. |
| |
| 35 |
(1) | An order or regulations under this Part must be made by statutory instrument. |
| |
(2) | A statutory instrument containing an order made by the Secretary of State |
| |
under section 7(4) or 15(6) is subject to annulment in pursuance of a resolution |
| |
of either House of Parliament. |
| |
(3) | A statutory instrument containing an order made by the Secretary of State |
| 40 |
under section 4(4) or 17 may not be made unless a draft of the instrument has |
| |
been laid before, and approved by resolution of, each House of Parliament. |
| |
(4) | A statutory instrument containing an order made by the Welsh Ministers |
| |
under section 7(4) or 16(6) is subject to annulment in pursuance of a resolution |
| |
of the National Assembly for Wales. |
| 45 |
|
| |
|
| |
|
(5) | A statutory instrument containing regulations made by the Treasury under |
| |
section 18 is subject to annulment in pursuance of a resolution of the House of |
| |
| |
20 | Interpretation of Part 1 |
| |
| 5 |
“LBRO” has the meaning given in section 1; |
| |
“the LBRO company” has the meaning given in section 2; |
| |
“local authority” has the meaning given in section 3; |
| |
“relevant function” has the meaning given in section 4. |
| |
| 10 |
Co-ordination of regulatory enforcement |
| |
| |
| |
(1) | This Part applies where— |
| |
(a) | a person carries on an activity in the area of two or more local |
| 15 |
| |
(b) | each of those authorities has the same relevant function in relation to |
| |
| |
(2) | In this Part “the regulated person” means the person referred to in subsection |
| |
| 20 |
| |
(1) | In this Part “local authority” means a local authority in England, Wales, |
| |
Scotland or Northern Ireland. |
| |
(2) | In this Part references to a local authority in England or Wales have the same |
| |
| 25 |
(3) | In this Part references to a local authority in Scotland are to a council |
| |
constituted under section 2 of the Local Government etc. (Scotland) Act 1994 |
| |
| |
(4) | In this Part references to a local authority in Northern Ireland are to a district |
| |
council constituted under section 1 of the Local Government Act (Northern |
| 30 |
| |
| |
(1) | In this Part “relevant function”— |
| |
(a) | in relation to a local authority in England or Wales, has the same |
| |
| 35 |
(b) | in relation to a local authority in Scotland, means a regulatory function |
| |
exercised by that authority and specified for the purposes of this Part |
| |
by order made by the Secretary of State; |
| |
|
| |
|
| |
|
(c) | in relation to a local authority in Northern Ireland, means a regulatory |
| |
function exercised by that authority and specified for the purposes of |
| |
this Part by order made by the Secretary of State. |
| |
(2) | An order under subsection (1)(b) or (c) may only specify a regulatory |
| |
| 5 |
(a) | which is a relevant function for the purposes of Part 1 in relation to local |
| |
authorities in England or Wales or both, or |
| |
(b) | which for the purposes of local authorities in Scotland or Northern |
| |
Ireland is equivalent to such a function. |
| |
(3) | An order under subsection (1)(b) may not specify a regulatory function so far |
| 10 |
as exercisable in Scotland, if or to the extent that the function relates to matters |
| |
which are not reserved matters. |
| |
(4) | An order under subsection (1)(c) may not specify a regulatory function so far |
| |
as exercisable in Northern Ireland, if or to the extent that the function relates to |
| |
matters which are transferred matters. |
| 15 |
(5) | In subsection (3) “reserved matter” and “Scotland” have the same meanings as |
| |
in the Scotland Act 1998 (c. 46). |
| |
(6) | In subsection (4) “transferred matter” and “Northern Ireland” have the same |
| |
meanings as in the Northern Ireland Act 1998 (c. 47). |
| |
| 20 |
| |
(1) | For the purposes of this Part LBRO may nominate a local authority to be the |
| |
“primary authority” for the exercise of the relevant function in relation to the |
| |
| |
(2) | Sections 26 to 31 apply in any case where a primary authority is nominated |
| 25 |
under this section in relation to the regulated person. |
| |
25 | Nomination of primary authorities |
| |
(1) | LBRO may only nominate a local authority under section 24(1) in relation to the |
| |
| |
(a) | the authority and the regulated person have agreed to the nomination, |
| 30 |
| |
(b) | the regulated person has requested LBRO to make a nomination under |
| |
section 24(1) for the exercise of the relevant function in relation to the |
| |
| |
| and LBRO considers the authority suitable for nomination. |
| 35 |
(2) | LBRO may in particular consider as suitable for nomination under subsection |
| |
| |
(a) | the local authority in whose area the regulated person principally |
| |
carries out the activity in relation to which the relevant function is |
| |
| 40 |
(b) | the local authority in whose area the regulated person administers the |
| |
carrying out of that activity. |
| |
|
| |
|
| |
|
(3) | Before nominating a local authority under section 24(1) in the case referred to |
| |
in subsection (1)(b) LBRO must consult— |
| |
| |
(b) | the regulated person. |
| |
(4) | LBRO must have particular regard to any representations made by a local |
| 5 |
authority pursuant to subsection (3) as to the resources available to it. |
| |
(5) | LBRO may at any time revoke a nomination under section 24(1) if— |
| |
(a) | it considers that the authority is no longer suitable for nomination, or |
| |
(b) | it considers it appropriate to do so for any other reason, |
| |
| and subsections (2) to (4) apply in relation to a revocation of a nomination as in |
| 10 |
relation to a nomination. |
| |
(6) | LBRO must maintain, or cause to be maintained, a register of nominations |
| |
| |
Functions of primary authorities |
| |
| 15 |
(1) | The primary authority has the function of— |
| |
(a) | giving advice and guidance to the regulated person in relation to the |
| |
| |
(b) | giving advice and guidance to other local authorities with the relevant |
| |
function as to how they should exercise it in relation to the regulated |
| 20 |
| |
(2) | The primary authority may make arrangements with the regulated person as |
| |
to how it will discharge its function under subsection (1). |
| |
| |
(1) | Subject as follows, a local authority other than the primary authority (“the |
| 25 |
enforcing authority”) must notify the primary authority before taking any |
| |
enforcement action against the regulated person. |
| |
(2) | If the primary authority determines within the relevant period that the |
| |
proposed enforcement action is inconsistent with advice or guidance |
| |
previously given by the primary authority (generally or specifically), it may |
| 30 |
within that period direct the enforcing authority not to take the enforcement |
| |
| |
(3) | If the enforcing authority is not directed as specified in subsection (2) and |
| |
continues to propose to take the enforcement action, it must inform the |
| |
| 35 |
(4) | The enforcing authority may not take the proposed enforcement action— |
| |
(a) | at any time during the relevant period; |
| |
(b) | at any time after the end of that period, if it is directed as specified in |
| |
| |
(5) | In this Part “enforcement action” means, subject to subsection (6)— |
| 40 |
|
| |
|
| |
|
(a) | any action which relates to securing compliance with any restriction, |
| |
requirement or condition in the event of breach (or putative breach) of |
| |
a restriction, requirement or condition; |
| |
(b) | any action taken with a view to or in connection with the imposition of |
| |
any sanction (criminal or otherwise) in respect of an act or omission; |
| 5 |
(c) | any action taken with a view to or in connection with the pursuit of any |
| |
remedy conferred by an enactment in respect of an act or omission. |
| |
(6) | The Secretary of State may by order with the consent of the Welsh Ministers |
| |
specify action which is or is not to be regarded as enforcement action for the |
| |
| 10 |
(7) | Schedule 4 (which makes provision for questions arising under this section to |
| |
be referred to LBRO) has effect. |
| |
(8) | Where an enactment limits the period within which the enforcing authority |
| |
may take the proposed enforcement action, any time during which the |
| |
authority is prohibited under this section or Schedule 4 from taking the action |
| 15 |
is to be disregarded in calculating that period. |
| |
(9) | For the purposes of this section “relevant period” means— |
| |
(a) | the period of five working days beginning with the day after that on |
| |
which the primary authority is notified under subsection (1), or |
| |
(b) | such longer period beginning with that day as LBRO may direct. |
| 20 |
(10) | In subsection (9)(b) “working day” means a day other than— |
| |
(a) | a Saturday or Sunday, |
| |
(b) | Christmas Day or Good Friday, or |
| |
(c) | a day which is a bank holiday under the Banking and Financial |
| |
Dealings Act 1971 (c. 80) in— |
| 25 |
(i) | the part of the United Kingdom where the primary authority is, |
| |
| |
(ii) | (if different) the part of the United Kingdom where the |
| |
| |
28 | Enforcement action: exclusions |
| 30 |
(1) | The Secretary of State may by order with the consent of the Welsh Ministers |
| |
prescribe circumstances in which section 27(1) to (4) shall not apply. |
| |
(2) | Where a local authority other than the primary authority takes enforcement |
| |
action against the regulated person in circumstances prescribed under |
| |
subsection (1), the authority must inform the primary authority of the |
| 35 |
enforcement action it has taken as soon as it reasonably can. |
| |
| |
(1) | Where a relevant function consists of or includes a function of inspection, the |
| |
primary authority may in accordance with this section make an inspection |
| |
| 40 |
(2) | An “inspection plan” is a plan containing recommendations as to how a local |
| |
authority with the function of inspection should exercise it in relation to the |
| |
| |
(3) | An inspection plan may in particular set out— |
| |
|
| |
|