| Guvnor

Enforced by: Trading Standards
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 3 of 23 obligations carry an unlimited fine. 1 carries different penalties and 19 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5

Plus 18 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

The Local Better Regulation Office

3 of 21 sections shown

s.006 Guidance to local authorities Regulated

Other duties (1) — Crown / regulator

Secretary of State and Welsh Ministers must provide guidance and consultCrown / Minister / Government department

s.011 Enforcement priorities Regulated

Other duties (1) — Crown / regulator

Government must publish and review enforcement priority listsCrown / Minister / Government department

s.012 Relationship with other regulators Regulated

Other duties (1) — Crown / regulator

Secretary of State and major regulators must agree working protocolsCrown / Minister / Government department

18 other sections in this Part — procedural and definitional

s.001 LBRO

s.002 Dissolution of the LBRO company

s.003 “Local authority”

s.004 “Relevant function”

s.005 Objective relating to general functions

s.007 Guidance to local authorities: enforcement

s.008 Financial support and assistance to local authorities

s.009 Advice to Ministers of the Crown

s.010 Advice to Welsh Ministers

s.013 Duty not to impose burdens etc

s.014 Ancillary powers

s.015 Guidance or directions by the Secretary of State

s.016 Guidance or directions by Welsh Ministers

s.017 Review of LBRO

s.018 Power to dissolve LBRO

s.019 Dissolution of LBRO: tax

s.020 Orders under Part 1

s.021 Interpretation of Part 1

Part 2

Co-ordination of regulatory enforcement

0 of 14 sections shown

14 other sections in this Part — procedural and definitional

s.022 Scope of Part 2

s.023 “Local authority”

s.024 “Relevant function”

s.025 Primary authorities

s.026 Nomination of primary authorities

s.027 Advice and guidance

s.028 Enforcement action

s.029 Enforcement action: exclusions

s.030 Inspection plans

s.031 Power to charge

s.032 LBRO support

s.033 Guidance from the Secretary of State

s.034 Orders under Part 2

s.035 Interpretation of Part 2

Part 3

Civil sanctions

13 of 36 sections shown

s.039 Fixed monetary penalties Prosecution

Receive a fixed monetary penalty for regulatory breachesAny Person

Unlimited fine

s.042 Discretionary requirements Prosecution

Breach of regulatory requirements leading to discretionary sanctionsAny Person

Unlimited fine

s.047 Stop notices: procedure Regulated

Other duties (1) — Crown / regulator

Regulators must follow specific procedures when issuing Stop NoticesStatutory regulator

s.048 Stop notices: compensation Regulated

Other duties (1) — Crown / regulator

Regulators must compensate businesses for losses from unjustified Stop NoticesStatutory regulator

s.049 Stop notices: enforcement Prosecution

Fail to comply with a stop noticeAny Person

Unlimited fine

s.052 Monetary penalties Regulated

Failure to pay regulatory monetary penaltiesAny Person

s.058 Consultation and consent: Scotland Regulated

Other duties (1) — Crown / regulator

Minister must consult or obtain consent before making orders for ScotlandCrown / Minister / Government department

s.059 Consultation and consent: Wales Regulated

Other duties (1) — Crown / regulator

Ministers must consult Welsh Ministers on regulatory ordersCrown / Minister / Government department

s.060 Consultation: general Regulated

Other duties (1) — Crown / regulator

Consult before making regulatory enforcement ordersCrown / Minister / Government department

s.063 Guidance as to use of civil sanctions Regulated

Other duties (1) — Crown / regulator

Regulators must publish and follow guidance on civil sanctionsStatutory regulator

s.065 Publication of enforcement action Regulated

Other duties (1) — Crown / regulator

Regulators must publish reports on enforcement actions takenStatutory regulator

s.066 Compliance with regulatory principles Regulated

Other duties (1) — Crown / regulator

Government must ensure regulators follow fair enforcement principlesCrown / Minister / Government department

s.067 Review Regulated

Other duties (1) — Crown / regulator

Relevant authority must review and publish civil sanction powers findingsCrown / Minister / Government department

23 other sections in this Part — procedural and definitional

s.036 Power to make orders providing for civil sanctions

s.037 “Regulator”

s.038 “Relevant offence”

s.040 Fixed monetary penalties: procedure

s.041 Fixed monetary penalties: criminal proceedings and conviction

s.043 Discretionary requirements: procedure

s.044 Discretionary requirements: criminal proceedings and conviction

s.045 Discretionary requirements: enforcement

s.046 Stop notices

s.050 Enforcement undertakings

s.051 Combination of sanctions

s.053 Costs recovery

s.054 Appeals

s.055 Other provision

s.056 Excluded provision: Scotland

s.057 Excluded provision: Northern Ireland

s.061 Parliamentary and Assembly procedure

s.062 Offences under subordinate legislation

s.064 Guidance as to enforcement of relevant offences

s.068 Suspension

s.069 Payment of penalties into Consolidated Fund etc

s.070 Disclosure of information

s.071 Interpretation of Part 3

Part 4

Regulatory burdens

1 of 2 sections shown

s.072 Duty not to impose or maintain unnecessary burdens Regulated

Other duties (1) — Crown / regulator

Regulators must review and avoid unnecessary regulatory burdensStatutory regulator

1 other section in this Part — procedural and definitional

s.073 Functions to which section 72 applies

Part 5

General

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.074 General interpretation

s.075 Extent

s.076 Commencement

s.077 Short title

Schedules

3 of 51 shown

s.sch004 (1) If the primary authority directs the enforcing authority as... Regulated

Other duties (1) — Crown / regulator

Secretary of State decides disputes between Primary Authority and enforcersCrown / Minister / Government department

s.sch004 (1) If the primary authority does not direct the enforcing... Regulated

Other duties (1) — Crown / regulator

Secretary of State must decide on referral challenging enforcement actionCrown / Minister / Government department

s.sch004 (1) The primary authority may with the consent of the... Regulated

Other duties (1) — Crown / regulator

Regulator must enforce consistently with previous adviceCrown / Minister / Government department

48 other schedules

s.001 LBRO: supplementary

s.005 Designated regulators

s.006 Enactments specified for the purposes of orders under Part 3

s.007 Enactments specified for the purposes of section 62

s.sch001 LBRO: supplementary

s.sch001 In the Public Records Act 1958 (c. 51), in Schedule...

s.sch001 LBRO: supplementary

s.sch002 Replacement of the LBRO company by LBRO

s.sch003 Enactments specified for the purposes of Part 1

s.sch004 Enforcement action: references to the Secretary of State

s.sch004 The enforcing authority may not take the proposed enforcement action—...

s.sch004 (1) Before making a determination for the purposes of this...

s.sch004 (1) The Secretary of State must determine any reference under...

s.sch004 (1) The Secretary of State may give guidance or directions...

s.sch004 For the purposes of this Schedule the Secretary of State...

s.sch004a References to the Secretary of State

s.sch004a (1) If the primary authority notifies the regulated person, or...

s.sch004a (1) If the primary authority directs an enforcing authority under...

s.sch004a (1) If section 25C applies and the primary authority does...

s.sch004a (1) The primary authority may, with the consent of the...

s.sch004a (1) Any reference under this Schedule must be made as...

s.sch004a (1) Before determining a reference under this Schedule, the Secretary...

s.sch004a (1) For the purposes of determining whether to consent to...

s.sch004a The Secretary of State may require the regulated person or...

s.sch004a The Secretary of State may by regulations make further provision...

s.023 Membership of a regulated group Regulated

Maintain and share a group membership list for Primary Authority partnershipsAny Person

s.026 Effect of inspection plans Regulated

Other duties (1) — Crown / regulator

Trading Standards must follow agreed inspection plansStatutory regulator

s.030 Guidance and directions Regulated

Other duties (1) — Crown / regulator

Regulators must follow government guidance and directionsStatutory regulator

27 other provisions

s.022 “Regulated person” and “regulated group”

s.022 “Qualifying regulator”

s.022 “Relevant function”

s.023 Primary authorities for regulated persons and regulated groups

s.023 Nomination of primary authorities

s.023 “Co-ordinator” of a regulated group

s.023 Application of sections 24A to 28B

s.024 Primary authority advice and guidance

s.025 “Enforcement action”

s.025 Enforcement action by primary authority

s.025 Enforcement action other than by primary authority

s.025 Enforcement action: exceptions

s.026 Inspection plans

s.026 Revocation and revision of inspection plans

s.027 Power to charge

s.028 Support of primary authority by other regulators

s.028 Other regulators to act consistently with primary authority advice etc

s.029 Primary authority enforcement action inconsistent with another authority's advice etc

s.029 Concurrent duties to notify primary authorities of enforcement action

s.029 Enforcement action notified to a primary authority inconsistent with another authority's advice etc

s.029 Overlapping inspection plans

s.030 Periods of time under Part 2

s.030 Regulations under Part 2

s.030 Interpretation of Part 2

s.para.131 Accommodation Agencies Act 1953 (c. 23), section 1 Administration of...

s.para.149 British Hallmarking Council Charity Commission for England and Wales Civil...

s.para.151 Activity Centres (Young Persons' Safety) Act 1995 (c. 15), section...

Help complying

Guvnor’s practical routes through this instrument.

Starting a waste business

Complete compliance guide for waste transfer stations, treatment facilities, skip hire, and recycling centres. Covers environmental permits, waste carrier registration, and ongoing …

Responding to environmental enforcement

What to do if you receive an enforcement notice or warning letter from an environmental regulator. Covers types of enforcement action, immediate …

Dealing with a pollution incident

Immediate steps when a pollution incident occurs at your business. Report it, contain it, understand what happens next, and prevent recurrence.

1 more guide that reference this instrument

Manage your environmental permit compliance

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Regulatory Enforcement and Sanctions Act 2008

Does it bind you?

Other Acts binding the same actors

What it requires

The Local Better Regulation Office

Co-ordination of regulatory enforcement

Civil sanctions

Regulatory burdens

General

Schedules

Help complying

Starting a waste business

Responding to environmental enforcement

Dealing with a pollution incident