Regulatory Enforcement and Sanctions Act 2008 (c.13)

to make provision for the establishment of the Local Better Regulation Office; for the co-ordination of regulatory enforcement by local authorities; for the creation of civil sanctions in relation to regulatory offences; for the reduction and removal of regulatory burdens; and for connected purposes.
Wales Functions Wales & CG Functions CG Functions Commencement Orders WAG Instruments WAG & CG Instruments CG Instruments Assembly Law
Functions exercisable solely by WAG or the National Assembly for Wales.
The following Ministerial functions are exercisable by the Welsh Ministers in relation to Wales: Part I: LBRO: section 7(4): Power to consent to guidance issued by LBRO to Welsh local authorities. Power subject to negative resolution procedure. section 10(2): Power to request LBRO to give advice or make proposals relating to specified aspects of the Welsh local authorities' functions. section 11(7): Power to request LBRO to review its list of enforcement priorities. section 16: Powers to issue guidance or directions to LBRO as to the exercise of its functions in relation to Wales. Duty to lay copies before the Assembly. Power subject to negative resolution procedure. Part II: Co-ordination of Regulatory Enforcement See Shared Powers Part III: Civil Sanctions: section 36(2); sections 36 to 50: See shared powers. section 62: This section extends any power of the Welsh Minister to create criminal offences in secondary legislation to include the powers to create alternative civil sanctions under this Part of this Act. This applies only to those powers contained in enactments listed in Schedule 7. section 65(4): Power to consider when the publication of enforcement action is inappropriate. section 66: General duty to comply with the principles referred to in section 5(2) when making provision under this Part. section 67: Duty to review the operation of the provision made under this part. Duty to lay copy of the review before the Assembly. section 68: Power to direct suspension when regulator has failed several times. Duty to lay copy of the direction before the Assembly. scetions 72 and 73: Duty not to impose or maintain unecessary burdens when exercising a regulatory function that relates to a Welsh ministerial matter. Section 73 specifies when the duty applies. Power subject to affirmative resolution procedure. The following Ministerial functions are exercisable by the Assembly in relation to Wales: section 20(4): Power to annul a draft order made by the Welsh Ministers under sections 7(4) and 16(7). section 61(2): Power to approve by resolution a draft order made by the Welsh Ministers under Part 3. section 73(10): Power to approve by resolution a draft order made by the Welsh Ministers under section 73.

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Functions exercisable solely by WAG or the National Assembly for Wales.