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| | Clause 40, page 19, line 4, at end insert— |
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| | | ‘(5A) | The final notice must offer the person the opportunity to pay the prescribed sum |
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| | | mentioned in subsection (2)(b) within a specified time limit.’. |
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| | Clause 40, page 19, line 9, at end add— |
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| | | ‘(7) | In this Act “an independent person appointed by the LBRO” means a person who |
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| | | is not, and has not been, an employee of the LBRO company or a Crown servant |
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| | | and has, in the view of the LBRO, relevant qualifications and experience.’. |
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| | Clause 42, page 19, line 35, after ‘determine’, insert ‘subject to a maximum |
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| | amount to be prescribed by order by a Minister of the Crown’. |
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| | Clause 43, page 20, line 23, after ‘regulator’, insert ‘or an independent person |
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| | Clause 43, page 20, line 24, at end insert ‘and may require the regulator to |
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| | withdraw the notice and pursue the matter as a criminal offence under the relevant |
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| | Clause 43, page 20, line 26, after ‘regulator’, insert ‘or an independent person |
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| | Clause 43, page 20, line 30, after ‘regulator’, insert ‘or an independent person |
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| | Clause 43, page 20, line 31, after ‘regulator’, insert ‘or an independent person |
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| | Clause 47, page 23, line 24, at end insert ‘and may by notice re quire the regulator |
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| | to withdraw the notice and pursue the matter as a criminal offence under the relevant |
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| | Clause 47, page 23, line 32, leave out ‘14’ and insert ‘7’. |
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| | Clause 47, page 23, line 32, leave out ‘within’ and insert ‘as quickly as possible |
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| | Clause 48, page 24, line 15, at end insert ‘and any subsequent appeal.’. |
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| | Clause 53, page 27, line 13, leave out ‘may’ and insert ‘shall’. |
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| | Clause 66, page 32, line 6, at end add— |
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| | | ‘(2) | Where the regulator is a local authority or authorities, prior to the provision being |
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| | | made the relevant authority shall consult the LBRO as to whether the authority or |
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| | | authorities are fully compliant with the said principles and will continue to act in |
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| | | accordance with those principles. |
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| | | (3) | Notwithstanding subsection (2), the relevant authority may proceed to make the |
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| | | provision in subsection (1) with the condition that the LBRO is satisfied that any |
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| | | authority that is not fully compliant will become fully compliant within one year |
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| | | of the provision being made.’. |
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| | Clause 77, page 37, line 30, leave out subsection (2). |
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| | | Disapplication of European Communities Act 1972 |
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| | To move the following Clause:— |
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| | | ‘(1) | An order made under this Act containing provision deriving from or relating to |
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| | | Community treaties, Community instruments or Community obligations shall, |
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| | | notwithstanding the European Communities Act 1972, be binding in any legal |
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| | | proceedings in the United Kingdom and shall be construed as such by the courts |
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| | | (2) | In section 1 and this section— |
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| | | “Community instrument” and “Community obligations” have the same |
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| | | meaning as in Part 2 of Schedule 1 to the European Communities Act |
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| | | “Community treaties” has the same meaning as in section 1(2) of the |
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| | | European Communities Act 1972.’. |
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| | To move the following Clause:— |
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| | | ‘This Act and any order made under it shall by virtue of this section cease to have |
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| | | effect on 1st January 2014.’. |
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| | | Duty to secure observance of Code of Practice |
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| | To move the following Clause:— |
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| | | ‘Where any local authority has been granted powers under Part 3 of this Act, the |
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| | | LBRO shall have the duty or reviewing and, if appropriate, certifying every three |
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| | | years whether local authorities are compliant with the provisions of any Code |
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| | | issued under Section 22 of the Legislative and Regulatory Reform Act 2006.’. |
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| To move the following Clause:— |
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| | | ‘(1) | A local authority other than the primary authority (‘an enforcing authority’) must |
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| | | inform the primary authority of any breaches of legislation of which it becomes |
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| | | (2) | An enforcing authority wishing to take any enforcement action through the courts |
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| | | against the regulated person must seek a statement from the primary authority. |
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| | | (3) | Any statement issued under subsection (2) shall include— |
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| | | (a) | Such information on the history of the relationship between the primary |
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| | | authority and the regulated person as the primary authority feels is |
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| | | relevant to the case; and |
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| | | (b) | any specific written advice that has been issued by the primary authority |
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| | | on the matter in question. |
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| | | (4) | Any statement issued under subsection (2) must be disclosed to the regulated |
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| | | To move the following Clause:— |
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| | | ‘(1) | A primary authority may, after consultation with a regulated person, publish a |
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| | | compliance plan in respect of that person. |
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| | | (2) | A compliance plan under subsection (1) shall be a plan containing information |
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| | | regarding the regulated person. |
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| | | (3) | A compliance plan under subsection (1) may, in particular, set out information |
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| | | which may be of use to other local authorities, which may be enforcing authorities |
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| | | in respect of the regulated person, regarding that person’s operation including— |
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| | | (a) | processes and procedures employed by the regulated person to ensure |
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| | | compliance with legal requirements relating to relevant functions; |
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| | | (b) | planned improvements in that person’s premises or processes which |
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| | | (c) | planned employee training relating to compliance; |
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| | | (d) | external accreditation or audit relating to compliance; |
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| | | (e) | suggested priorities for inspections and other interventions; and |
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| | | (f) | other information of use to local authorities in carrying out their |
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| | | (4) | LBRO may publish compliance plans and bring them to the notice of relevant |
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| | | (5) | The primary authority may from time to time revise compliance plans following |
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| | | consultation with the regulated person.’. |
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| | | Order of the House [21st May 2008] |
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| | | That the following provisions shall apply to the Regulatory Enforcement and Sanctions |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 1st July 2008. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of any message from the Lords) may be programmed. |
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