Overview

The Regulatory Enforcement and Sanctions Act 2008 established the Local Better Regulation Office (LBRO) to improve the efficiency and effectiveness of local authority regulatory functions in England and Wales. It also aimed to coordinate enforcement across different authorities and introduced civil sanctions for regulatory offenses.

Description

The Act is divided into five parts. Part 1 establishes the LBRO as a body corporate, outlining its functions, including providing guidance and support to local authorities, advising government ministers, and setting enforcement priorities. Part 2 focuses on coordinating regulatory enforcement by local authorities, especially where an activity spans multiple local authority areas. It allows for the designation of a "primary authority" to lead on enforcement and guidance. Part 3 introduces civil sanctions such as fixed monetary penalties, discretionary requirements (including monetary penalties and non-monetary actions), stop notices, and enforcement undertakings as alternatives to criminal prosecution for specified offences. Part 4 imposes a duty on those exercising regulatory functions to review and remove unnecessary burdens. Part 5 contains general interpretive provisions.

Government Spending

The Act led to the creation of the LBRO, requiring government funding for its operations and grants to support local authorities. Specific figures for government spending are not available in this document.

Groups Affected

• Local authorities in England and Wales: Affected by guidance, directions, and financial support from LBRO; impacted by the coordination of enforcement and new responsibilities under Part 2.
• Businesses and individuals subject to local authority regulations: Affected by changes in enforcement procedures and the introduction of civil sanctions for regulatory offenses. This includes those involved in activities regulated by the listed enactments.
• Regulators (specified in Schedules 5 and 6): Given new powers to impose civil sanctions under Part 3, and subject to new guidance and review requirements.
• LBRO: Responsible for implementing the act's provisions through guidance, support, and advice.
• Government Ministers: Responsible for oversight of LBRO, policy direction, and the power to make orders.
• Scottish and Northern Ireland authorities: Partially affected by the Act's coordination of enforcement provisions.

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