|
| |
|
19 | Dissolution of LBRO: tax |
| |
(1) | Where an order under section 18 makes provision under subsection (2)(a) of |
| |
that section, the Treasury may by regulations make provision for varying the |
| |
way in which a relevant tax has effect in relation to— |
| |
(a) | the property, rights or liabilities transferred, or |
| 5 |
(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— |
| |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| |
to the property, rights or liabilities transferred; |
| 10 |
(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 |
| |
the Treasury, to determine, or specify the method for determining, |
| |
anything which needs to be determined for the purposes of any tax |
| 15 |
provision so far as relating to the property, rights or liabilities |
| |
| |
(3) | The provision which may be made under subsection (1)(b) includes in |
| |
particular provision for— |
| |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| 20 |
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; |
| |
(c) | the Secretary of State to be required or permitted, with the consent of |
| |
the Treasury, to determine, or specify the method for determining, |
| 25 |
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. |
| |
| |
“relevant tax” means income tax, corporation tax, capital gains tax, stamp |
| 30 |
duty or stamp duty reserve tax; |
| |
“tax provision” means a provision of an enactment about a relevant tax. |
| |
| |
(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 |
| 35 |
under section 4(7), 7(4) or 15(7) 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 |
| |
under section 4(4) or 18 may not be made unless a draft of the instrument has |
| |
been laid before, and approved by resolution of, each House of Parliament. |
| 40 |
(4) | A statutory instrument containing an order made by the Welsh Ministers |
| |
under section 7(4) or 16(7) is subject to annulment in pursuance of a resolution |
| |
of the National Assembly for Wales. |
| |
(5) | A statutory instrument containing regulations made by the Treasury under |
| |
section 19 is subject to annulment in pursuance of a resolution of the House of |
| 45 |
| |
|
| |
|
| |
|
21 | Interpretation of Part 1 |
| |
| |
“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; |
| 5 |
“relevant function” has the meaning given in section 4. |
| |
| |
Co-ordination of regulatory enforcement |
| |
| |
| 10 |
(1) | This Part applies where— |
| |
(a) | a person carries on an activity in the area of two or more local |
| |
| |
(b) | each of those authorities has the same relevant function in relation to |
| |
| 15 |
(2) | In this Part “the regulated person” means the person referred to in subsection |
| |
| |
| |
(1) | In this Part “local authority” means a local authority in England, Wales, |
| |
Scotland or Northern Ireland. |
| 20 |
(2) | In this Part references to a local authority in England or Wales have the same |
| |
| |
(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 |
| |
| 25 |
(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 |
| |
| |
| |
(1) | In this Part “relevant function”— |
| 30 |
(a) | in relation to a local authority in England or Wales, has the same |
| |
| |
(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; |
| 35 |
(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 |
| |
| 40 |
|
| |
|
| |
|
(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 |
| 5 |
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. |
| 10 |
(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). |
| |
| 15 |
| |
(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 27 to 32 apply in any case where a primary authority is nominated |
| 20 |
under this section in relation to the regulated person. |
| |
26 | Nomination of primary authorities |
| |
(1) | LBRO may only nominate a local authority under section 25(1) in relation to the |
| |
| |
(a) | the authority and the regulated person have agreed in writing to the |
| 25 |
| |
(b) | the regulated person has requested LBRO to make a nomination under |
| |
section 25(1) for the exercise of the relevant function in relation to the |
| |
| |
| and LBRO considers the authority suitable for nomination. |
| 30 |
(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 |
| |
| 35 |
(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 25(1) in the case referred to |
| |
in subsection (1)(b) LBRO must consult— |
| |
| 40 |
(b) | the regulated person. |
| |
(4) | LBRO must have particular regard to any representations made by a local |
| |
authority pursuant to subsection (3) as to the resources available to it. |
| |
|
| |
|
| |
|
(5) | LBRO may at any time revoke a nomination under section 25(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 |
| |
relation to a nomination. |
| 5 |
(6) | LBRO must maintain, or cause to be maintained, a register of nominations |
| |
| |
Functions of primary authorities |
| |
| |
(1) | The primary authority has the function of— |
| 10 |
(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 |
| |
| 15 |
(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 |
| |
enforcing authority”) must notify the primary authority before taking any |
| 20 |
enforcement action against the regulated person pursuant to the relevant |
| |
| |
(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 |
| 25 |
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 |
| |
| 30 |
(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)— |
| 35 |
(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; |
| 40 |
(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 |
| |
| |
(7) | Schedule 4 (which makes provision for questions arising under this section to |
| |
be referred to LBRO) has effect. |
| 5 |
(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 |
| |
is to be disregarded in calculating that period. |
| |
(9) | For the purposes of this section “relevant period” means— |
| 10 |
(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. |
| |
(10) | In subsection (9)(b) “working day” means a day other than— |
| |
(a) | a Saturday or Sunday, |
| 15 |
(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— |
| |
(i) | the part of the United Kingdom where the primary authority is, |
| |
| 20 |
(ii) | (if different) the part of the United Kingdom where the |
| |
| |
29 | Enforcement action: exclusions |
| |
(1) | The Secretary of State shall by order with the consent of the Welsh Ministers |
| |
prescribe circumstances in which section 28(1) to (4) shall not apply. |
| 25 |
(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 |
| |
enforcement action it has taken as soon as it reasonably can. |
| |
(3) | The Secretary of State shall in particular under subsection (1) prescribe |
| 30 |
circumstances for the purpose of securing that section 28(1) to (4) shall not |
| |
| |
(a) | where the enforcement action is required urgently to avoid a significant |
| |
risk of serious harm to human health or the environment (including the |
| |
health of animals or plants) or the financial interests of consumers; |
| 35 |
(b) | where the application of section 28(1) to (4) would be wholly |
| |
| |
| |
(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— |
| |
(a) | the frequency at which, or circumstances in which, inspections should |
| |
| |
(b) | what an inspection should consist of. |
| |
(4) | Before making an inspection plan the primary authority must consult the |
| 5 |
| |
(5) | When making an inspection plan the primary authority must take into account |
| |
any relevant recommendations relating to inspections which are published by |
| |
any person (other than a local authority) pursuant to a regulatory function. |
| |
(6) | Where a primary authority has made an inspection plan, it must, if LBRO |
| 10 |
consents to the plan, bring the plan to the notice of the other local authorities |
| |
with the function of inspection. |
| |
(7) | A local authority (including the primary authority) exercising the function of |
| |
inspection in relation to the regulated person must have regard to a plan to |
| |
which consent has been given under subsection (6). |
| 15 |
(8) | Before a local authority other than the primary authority exercises the function |
| |
of inspection in relation to the regulated person otherwise than in accordance |
| |
with a plan to which consent has been given under subsection (6), it must |
| |
notify the primary authority. |
| |
(9) | A notification under subsection (8) must include reasons for exercising the |
| 20 |
function otherwise than in accordance with the plan. |
| |
(10) | A primary authority may from time to time revise a plan made by it under this |
| |
section (and subsections (3) to (9) apply in relation to any revision of the plan). |
| |
Primary authorities: supplementary |
| |
| 25 |
The primary authority may charge the regulated person such fees as it |
| |
considers to represent the costs reasonably incurred by it in the exercise of its |
| |
functions under this Part in relation to the regulated person. |
| |
| |
(1) | LBRO may do anything it considers appropriate for the purpose of supporting |
| 30 |
the primary authority in the exercise of the authority’s functions under this |
| |
| |
(2) | That includes making grants to the authority. |
| |
| |
| 35 |
(1) | LBRO may give guidance to any one or more local authorities about the |
| |
| |
(2) | The guidance may include, in particular, guidance to local authorities about— |
| |
(a) | arrangements under section 27(2); |
| |
|
| |
|
| |
|
(b) | notification of inspection plans under section 30(6); |
| |
(c) | the charging of fees under section 31. |
| |
(3) | A local authority must have regard to any guidance given to it under this |
| |
| |
(4) | Before giving guidance under this section LBRO must consult such persons as |
| 5 |
it considers appropriate. |
| |
(5) | LBRO may not give guidance under subsection (2)(c)— |
| |
(a) | without the consent of the Secretary of State; |
| |
(b) | without having consulted the Welsh Ministers. |
| |
(6) | LBRO must publish (in such manner as it considers appropriate) any guidance |
| 10 |
given by it under this section. |
| |
(7) | LBRO may at any time vary or revoke any guidance given under this section |
| |
by further guidance under this section. |
| |
| |
(1) | An order under this Part is to be made by statutory instrument. |
| 15 |
(2) | An order under this Part is subject to annulment in pursuance of a resolution |
| |
of either House of Parliament. |
| |
35 | Interpretation of Part 2 |
| |
| |
“enforcement action” has the meaning given in section 28; |
| 20 |
“LBRO” has the meaning given in section 1; |
| |
“local authority” has the meaning given in section 23; |
| |
“the regulated person” has the meaning given in section 22(2); |
| |
“relevant function” has the meaning given in section 24. |
| |
| 25 |
| |
Orders under Part 3: introductory |
| |
36 | Power to make orders providing for civil sanctions |
| |
(1) | A Minister of the Crown may by order in accordance with this Part make— |
| |
(a) | the provision specified in section 39 (fixed monetary penalties); |
| 30 |
(b) | the provision specified in section 42 (discretionary requirements); |
| |
(c) | the provision specified in section 46 (stop notices); |
| |
(d) | the provision specified in section 50 (enforcement undertakings). |
| |
(2) | The Welsh Ministers may by order in accordance with this Part make any such |
| |
provision, where the provision relates to a Welsh ministerial matter. |
| 35 |
(3) | An order under this Part is to be made by statutory instrument. |
| |
|
| |
|