The Law of Regulatory Enforcement and Sanctions: A Practical Guide

The Law of Regulatory Enforcement and Sanctions: A Practical Guide offers a comprehensive and practical explanation of the powers available to regulators and local authorities in the context of the new regulatory enforcement regime, created by the Regulatory Enforcement and Sanctions Act 2008 and the Tribunal Courts and Enforcement Act 2007. This new work explains how the Local Better Regulation Office and the establishment of primary authorities will impact on businesses and regulated individuals as well as how the new civil sanctioning powers will affect those accused of regulatory breaches. Setting the law in its political context, The Law of Regulatory Enforcement and Sanctions: A Practical Guide provides practical advice on the implementation of the provisions of the Regulatory Enforcement and Sanctions Act 2008, as well as exploring their ramifications. It also offers detailed treatment of appeals, including judicial review, and appeals to the First-tier Tribunal, as well as coverage of relevant human rights jurisprudence. As the only text dealing with the Regulatory Enforcement and Sanctions Act 2008 and its implications, this new work provides invaluable guidance to all those affected by the new civil sanctions regime, as well as offering innovative suggestions of potential areas and grounds of challenge, and ways to avoid them.

1. An Historical Perspective on Regulation and Enforcement ; Introduction ; The UK perspective ; The European Perspective ; Looking to the Future ; PART I: THE COORDINATION OF LOCAL AUTHORITY ENFORCEMENT ; 2. Enforcement by Local Authorities: The Local Better Regulation Office ; Introduction ; Local authority enforcement before the LBRO ; The establishment of the LBRO ; Remit of the LBRO ; General functions of the LBRO ; Enforcement priorities ; Duty not to impose burdens ; Memoranda of understanding ; Guidance or directions by the Secretary of State ; 3. Enforcement by Primary Authorities ; Introduction ; Overview of the primary authority partnership scheme ; Who can enter into a partnership? ; Establishing a primary authority partnership ; Functions of primary authorities ; The Role of the Local Better Regulation Office ; PART II: THE CIVIL SANCTIONS ; 4. Obtaining the Civil Sanctions ; Introduction ; Overview of the civil sanctioning powers ; Territorial Application ; Non-statutory sources ; Who can apply for the sanctions? ; To which offences can the sanctions be attached? ; How will the sanctioning powers be awarded? ; 5. Operation of the Civil Sanctions ; Introduction ; Overview of the operation of the civil sanctions ; Fixed monetary penalties ; Discretionary requirements ; Stop Notices ; Enforcement Undertakings ; Costs and Monies ; 6. Implementation of the Sanctions ; Introduction ; Penalty guidance ; Investigation policy ; Enforcement ; Ministerial oversight ; The civil sanctions in practice: Schedule 5 regulators ; 7. Natural England and the Environment Agency ; Introduction ; Offences and enforcement: the pre-RESA position ; The civil sanctions ; Environment Agency: penalty guidance and enforcement policy ; Natural England: penalty guidance and enforcement policy ; PART III: APPEAL AND JUDICIAL REVIEW ; 8. Appeal and Judicial Review ; Introduction ; Background to the RESA appeal regime ; Overview of the RESA appeal provisions ; Appeal to the First-tier Tribunal ; Appeal to the Upper Tribunal ; General procedure: appeals to First-tier and Upper Tribunals ; Appeal to the Court of Appeal ; Judicial review ; The civil sanctions and the European Convention on Human Rights ; APPENDICES ; Appendix 1: Regulatory Enforcement and Sanctions Act 2008, Schedules 3-7 ; Appendix 2: Local Better Regulation Office, Primary Authority Guidance ; Appendix 3: The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 (SI 2009/669) ; Appendix 4: Local Better Regulation Office, References to Local Better Regulation Office for Determinations Policy and Procedure ; Appendix 5: The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 (SI 2009/665) ; Appendix 6: The Co-ordination of Regulatory Enforcement (Procedure for References to LBRO) Order 2009 (SI 2009/670) ; Appendix 7: Department for Business Enterprise and Regulatory Reform, Guidance on Creating New Regulatory Penalties and Offences