|
| |
|
(5) | Where LBRO gives a direction under sub-paragraph (2)(a), it may direct the |
| |
enforcing authority to take some other enforcement action (and section 28(1) |
| |
to (4) does not apply in relation to that action). |
| |
(6) | The enforcing authority must comply with any direction under sub- |
| |
| 5 |
| |
4 | The enforcing authority may not take the proposed enforcement action— |
| |
(a) | in any period during which the regulated person may make a |
| |
reference under paragraph 2; |
| |
(b) | at any time after the making of a reference under this section and |
| 10 |
before its determination. |
| |
| |
5 (1) | Before making a determination for the purposes of this Schedule LBRO— |
| |
(a) | must consult any relevant regulator, where appropriate, and |
| |
(b) | may consult such other persons as it thinks fit. |
| 15 |
(2) | In sub-paragraph (1)(a) “relevant regulator” means a person (other than a |
| |
local authority) with regulatory functions which relate to the matter to |
| |
which the determination relates. |
| |
| |
6 (1) | LBRO must determine any reference under this Schedule within the period |
| 20 |
of 28 days beginning with the day on which the reference is made. |
| |
(2) | The Secretary of State may by order make further provision as to the |
| |
procedure to be followed, for the purposes of this Schedule, by the primary |
| |
authority, the enforcing authority, the regulated person and LBRO. |
| |
| 25 |
7 (1) | LBRO may give guidance or directions to any one or more local authorities |
| |
about any enforcement action referred to it. |
| |
(2) | A local authority must have regard to any guidance, and comply with any |
| |
direction, given to it under sub-paragraph (1). |
| |
(3) | LBRO must publish any guidance or directions given under this paragraph |
| 30 |
in such manner as it considers appropriate. |
| |
| |
8 | For the purposes of this Schedule LBRO may require the primary authority, |
| |
the enforcing authority or the regulated person to provide it with such |
| |
information as it may specify, being information which the authority may |
| 35 |
lawfully provide to LBRO. |
| |
|
| |
|
| |
|
| |
| |
Enactments specified for the purposes of orders under Part 3 |
| |
Accommodation Agencies Act 1953 (c. 23), section 1 |
| |
Administration of Justice Act 1970 (c. 31), section 40 |
| |
Agriculture Act 1947 (c. 48), section 100 |
| 5 |
Agriculture Act 1967 (c. 22), section 14(2) |
| |
Agriculture Act 1970 (c. 40) |
| |
Agriculture and Horticulture Act 1964 (c. 28), sections 14 and 15 |
| |
Ancient Monuments and Archaeological Areas Act 1979 (c. 46) |
| |
Animal Boarding Establishments Act 1963 (c. 43), section 1(8) |
| 10 |
Animal Health Act 1981 (c. 22) |
| |
Animal Health and Welfare Act 1984 (c. 40), section 10(6) |
| |
Animals (Scientific Procedures) Act 1986 (c. 14) |
| |
Animal Welfare Act 2006 (c. 45) |
| |
Anti-social Behaviour Act 2003 (c. 38), sections 54 and 75 |
| 15 |
Aviation and Maritime Security Act 1990 (c. 31), sections 15 and 48 and |
| |
| |
Aviation Security Act 1982 (c. 36), Part 2 |
| |
Bees Act 1980 (c. 12), section 1(7) |
| |
Breeding of Dogs Act 1973 (c. 60) |
| 20 |
Breeding of Dogs Act 1991 (c. 64) |
| |
Building Act 1984 (c. 55) |
| |
Cancer Act 1939 (c. 13), section 4 |
| |
Children and Young Persons Act 1933 (c. 12), section 7(1) |
| |
Children and Young Persons Act 1963 (c. 37), section 40 |
| 25 |
Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23) |
| |
Christmas Day (Trading) Act 2004 (c. 26), sections 2 and 3 |
| |
Chronically Sick and Disabled Persons Act 1970 (c. 44), section 21 |
| |
Clean Air Act 1993 (c. 11) |
| |
Clean Neighbourhoods and Environment Act 2005 (c. 16), sections 3 to 7 |
| 30 |
| |
Coast Protection Act 1949 (c. 74), sections 18(7) and 36 |
| |
Commons Act 2006 (c. 26), section 34(1) |
| |
Conservation of Seals Act 1970 (c. 30) |
| |
Consumer Credit Act 1974 (c. 39) |
| 35 |
Consumer Protection Act 1987 (c. 43), section 12 |
| |
Control of Pollution Act 1974 (c. 40), Part 3 |
| |
Control of Pollution (Amendment) Act 1989 (c. 14), sections 1, 5 and 7 |
| |
Criminal Justice and Public Order Act 1994 (c. 33), sections 77(3), 78(4), |
| |
| 40 |
Dangerous Dogs Act 1989 (c. 30) |
| |
Dangerous Dogs Act 1991 (c. 65) |
| |
Dangerous Vessels Act 1985 (c. 22), section 5 |
| |
Dangerous Wild Animals Act 1976 (c. 38) |
| |
| 45 |
Destructive Imported Animals Act 1932 (c. 12), section 6 |
| |
|
| |
|
| |
|
Disability Discrimination Act 1995 (c. 50), Part 5 |
| |
Diseases of Fish Act 1937 (c. 33) |
| |
Diseases of Fish Act 1983 (c. 30) |
| |
Education Reform Act 1988 (c. 40), section 214 |
| |
Employment Agencies Act 1973 (c. 35), sections 5(2), 6(2), and 10(2) |
| 5 |
Energy Act 1976 (c. 76), section 18 |
| |
Enterprise Act 2002 (c. 40), section 227E |
| |
Environment Act 1995 (c. 25), section 110 |
| |
Environmental Protection Act 1990 (c. 43), Parts 2, 2A and 3, and sections |
| |
| 10 |
Estate Agents Act 1979 (c. 38) |
| |
Explosives Act 1875 (c. 17), sections 30 to 32, 43, 73 and 80 |
| |
Fair Trading Act 1973 (c. 41), sections 23, 30 and 120 |
| |
Farriers (Registration) Act 1975 (c. 35) |
| |
Fire Safety and Safety of Places of Sport Act 1987 (c. 27) |
| 15 |
Fireworks Act 2003 (c. 22), section 11 |
| |
Fisheries Act 1981 (c. 29) |
| |
Fishery Limits Act 1976 (c. 86) |
| |
Food and Environment Protection Act 1985 (c. 48), Parts 1, 2 and 3 |
| |
Food Safety Act 1990 (c. 16), Parts 2 and 3 |
| 20 |
Food Standards Act 1999 (c. 28) |
| |
Gambling Act 2005 (c. 19) |
| |
Game Act 1831 (c. 32), sections 3, 3A, and 24 |
| |
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) |
| |
Ground Game Act 1880 (c. 47), section 6 |
| 25 |
Hallmarking Act 1973 (c. 43), sections 1, 3, 5 to 7 and 11 |
| |
Hares Preservation Act 1892 (c. 8), section 2 |
| |
Health and Safety at Work etc. Act 1974 (c. 37), section 33 |
| |
Highways Act 1980 (c. 66), Part 9 |
| |
Horticultural Produce Act 1986 (c. 20) |
| 30 |
Import of Live Fish (England and Wales) Act 1980 (c. 27), section 3 |
| |
International Carriage of Perishable Foodstuffs Act 1976 (c. 58), sections 6 |
| |
| |
Intoxicating Substances (Supply) Act 1985 (c. 26), section 1 |
| |
| 35 |
Licensing Act 2003 (c. 17) |
| |
Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Part 2 |
| |
Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Part 8 and |
| |
| |
London Local Authorities Act 1995 (c. x), sections 24 and 25 |
| 40 |
London Local Authorities Act 2004 (c. i), sections 22, 26 and 29 |
| |
Medicines Act 1968 (c. 67) |
| |
Merchant Shipping Act 1995 (c. 21), Parts 1 to 5 and 9 to 12 |
| |
Mines and Quarries (Tips) Act 1969 (c. 10), Part 2 |
| |
Motor Cycle Noise Act 1987 (c. 34) |
| 45 |
New Roads and Street Works Act 1991 (c. 22), section 51 |
| |
| |
Olympic Symbol etc. (Protection) Act 1995 (c. 32), section 8 |
| |
|
| |
|
| |
|
Pedlars Act 1871 (c. 96), sections 4, 12 and 14 |
| |
Pests Act 1954 (c. 68), section 8, 9 and 12 |
| |
Pet Animals Act 1951 (c. 35) |
| |
Petroleum (Consolidation) Act 1928 (c. 32), sections 1, 5 and 18 |
| |
Pilotage Act 1987 (c. 21) |
| 5 |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) |
| |
Plant Varieties Act 1997 (c. 66), sections 19, 31 and 32 |
| |
Plant Varieties and Seeds Act 1964 (c. 14), sections 16 and 25 |
| |
| |
Prevention of Damage by Pests Act 1949 (c. 55), sections 3(4), 17 and 22(4) |
| 10 |
| |
Property Misdescriptions Act 1991 (c. 29) |
| |
Protection from Eviction Act 1977 (c. 43), section 1 |
| |
Protection of Badgers Act 1992 (c. 51), sections 1 to 5 and 10 |
| |
Protection of Wrecks Act 1973 (c. 33) |
| 15 |
Public Health Act 1936 (c. 49), Part 2 and sections 269, 288 and 290 |
| |
Public Health (Control of Disease) Act 1984 (c. 22), sections 15 to 55 |
| |
Public Passenger Vehicles Act 1981 (c. 14), Part 2 and section 67 |
| |
Radioactive Material (Road Transport) Act 1991 (c. 27), sections 2 to 6 |
| |
Railways Act 1993 (c. 43), sections 119, 120 and 121 |
| 20 |
Railways and Transport Safety Act 2003 (c. 20), sections 78 to 80 |
| |
Refuse Disposal (Amenity) Act 1978 (c. 3), sections 2(1) and 2B(2) |
| |
Rent Act 1977 (c. 42), sections 77 and 81 |
| |
Road Traffic Act 1988 (c. 52) |
| |
Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22), |
| 25 |
| |
Road Traffic (Foreign Vehicles) Act 1972 (c. 27), section 3 |
| |
Road Traffic (New Drivers) Act 1995 (c. 13), section 3 |
| |
Road Traffic Offenders Act 1988 (c. 53), sections 25, 62, 67, 90D and 91 |
| |
Road Traffic Regulation Act 1984 (c. 27), sections 5, 16, 47, 115 and 117 |
| 30 |
Safety of Sports Grounds Act 1975 (c. 52), section 12(1) and (6) |
| |
Salmon Act 1986 (c. 62), section 32(1) |
| |
Salmon and Freshwater Fisheries Act 1975 (c. 51) |
| |
Scrap Metal Dealers Act 1964 (c. 69), sections 1 and 5 |
| |
Sea Fish (Conservation) Act 1967 (c. 84) |
| 35 |
Sea Fisheries Act 1968 (c. 77) |
| |
Sea Fisheries Regulation Act 1966 (c. 38) |
| |
Sea Fisheries (Shellfish) Act 1967 (c. 83) |
| |
Solicitors Act 1974 (c. 47), section 20 |
| |
Sunday Trading Act 1994 (c. 20) |
| 40 |
Timeshare Act 1992 (c. 35) |
| |
Trade Descriptions Act 1968 (c. 29) |
| |
Transport Act 1968 (c. 73), Part 6 |
| |
Transport Act 1985 (c. 67), sections 23, 30 and 101 |
| |
Transport Act 2000 (c. 38), section 148 and Part 3 |
| 45 |
Unsolicited Goods and Services Act 1971 (c. 30), sections 2 and 3 |
| |
Vehicles (Crime) Act 2001 (c. 3) |
| |
|
| |
|
| |
|
Vehicle Excise and Registration Act 1994 (c. 22), section 28A, Part 3 and |
| |
| |
Veterinary Surgeons Act 1966 (c. 36) |
| |
Video Recordings Act 1984 (c. 39), sections 9 to 14 |
| |
Video Recordings Act 1993 (c. 24) |
| 5 |
Water Industry Act 1991 (c. 56), sections 70(1), 86, 109, 111 and 118 |
| |
Water Resources Act 1991 (c. 57) |
| |
Weeds Act 1959 (c. 54), section 2 |
| |
Weights and Measures Act 1985 (c. 72), Parts 2 to 7 |
| |
Wildlife and Countryside Act 1981 (c. 69), Parts 1 and 2 |
| 10 |
Zoo Licensing Act 1981 (c. 37), section 19 |
| |
| |
| |
Enactments specified for the purposes of section 62 |
| |
Activity Centres (Young Persons’ Safety) Act 1995 (c. 15), section 2 |
| |
Animal Health Act 1981 (c. 22) |
| 15 |
Animal Welfare Act 2006 (c. 45), section 12 |
| |
Aviation and Maritime Security Act 1990 (c. 31), sections 36A, 41 and 42 |
| |
Aviation Security Act 1982 (c. 36), sections 20A, 21F and 21G |
| |
Channel Tunnel Act 1987 (c. 53), section 11 |
| |
Charities Act 1992 (c. 41), sections 64 and 64A |
| 20 |
Charities Act 2006 (c. 50), section 63 |
| |
Consumers, Estate Agents and Redress Act 2007 (c. 17), section 59 |
| |
Control of Pollution Act 1974 (c. 40), section 17 |
| |
Control of Pollution (Amendment) Act 1989 (c. 14), section 2 |
| |
Electricity Act 1989 (c. 29), section 29 |
| 25 |
Environment Act 1995 (c. 25), sections 87, 95 and 97 |
| |
Environmental Protection Act 1990 (c. 43), sections 140 and 156 |
| |
Financial Services and Markets Act 2000 (c. 8), section 168(4)(b) |
| |
Fisheries Act 1981 (c. 29), section 30 |
| |
Food Safety Act 1990 (c. 16), Part 2 |
| 30 |
Food Standards Act 1999 (c. 28), section 27 |
| |
Gambling Act 2005 (c. 19), sections 59(1) and 146 |
| |
Gas Act 1986 (c. 44), sections 18 and 47 |
| |
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), Schedule 1A |
| |
Hovercraft Act 1968 (c. 59), section 1 |
| 35 |
Medicines Act 1968 (c. 67), sections 91 and 95 |
| |
Merchant Shipping Act 1995 (c. 21) |
| |
Merchant Shipping (Oil Pollution, Preparedness, Response and Co- |
| |
operation) Order 1997 (SI 1997/2567), article 2 |
| |
Motor Vehicles (International Circulation) Act 1952 (c. 39), section 1 |
| 40 |
Pensions Act 2004 (c. 35), section 314 |
| |
Pensions Act 1995 (c. 26), section 116 |
| |
Petroleum Act 1998 (c. 17), section 25 |
| |
Plant Health Act 1967 (c. 8), section 3 |
| |
|
| |
|
| |
|
Pollution Prevention and Control Act 1999 (c. 24), sections 2 and 3 |
| |
Public Health (Control of Disease) Act 1984 (c. 22), section 13 |
| |
Public Passenger Vehicles Act 1981 (c. 14), section 60 |
| |
Railways Act 1993 (c. 43), section 121A |
| |
Railways and Transport Safety Act 2003 (c. 20), sections 9 and 11 |
| 5 |
Regulatory Reform Act 2001 (c. 6), section 1 |
| |
Road Traffic Act 1988 (c. 52), sections 49, 61, 105, 120 and Schedule 2A |
| |
Safety of Sports Grounds Act 1975 (c. 52), section 6(2) |
| |
Salmon Act 1986 (c. 62), section 31 |
| |
Sea Fisheries Regulation Act 1966 (c. 38), section 5 |
| 10 |
Vehicle Excise and Registration Act 1994 (c. 22), sections 24 and 28 and |
| |
| |
Water Industry Act 1991 (c. 56), section 69 |
| |
Water Resources Act 1991 (c. 57), section 92 |
| |
Weights and Measures &c. Act 1976 (c. 77), section 12 |
| 15 |
Weights and Measures Act 1985 (c. 72), section 22 |
| |
|
| |
|