Regulatory Enforcement and Sanctions Act 2008
The Regulatory Enforcement and Sanctions Act (RES Act) 2008 is part of the Government’s commitment to implementing the Hampton agenda. It was introduced to Parliament on 8 November 2007 in the House of Lords and received Royal Assent on 21st July 2008.
Parts 1, 3 and 4 will commence on 1st October 2008 and Part 2 will commence on 6th April 2009.
Detail of the Act's progress through Parliament, can be found on the UK Parliament website
Regulatory Enforcement and Sanctions Act 2008 
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What does the Act cover?
The RES Act 2008 comprises four distinct, but linked, parts:
Part 1: Local Better Regulation Office (LBRO)
Firstly, it gives the Local Better Regulation Office (LBRO) statutory powers. Originally a limited company, the LBRO promotes more consistency across local authorities in the way they enforce regulations and work with central government.
Part 2: Coordination of regulatory enforcement
The second part of the Act establishes a Primary Authority Principle, overseen by LBRO, which delivers the Government's commitment to place Home and Lead Authority Principles on a statutory footing.
The effective operation of the scheme requires statutory instruments to be made dealing with four key issues:
- The application of the scheme to Scotland and Northern Ireland;
- The definition of enforcement action;
- Exclusions from the requirement to notify the Primary Authority; and
- Determination by LBRO
We are currently consulting on these issues. Copies of the consultation document and the accompanying questionnaire can be found at:
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If you have any queries regarding this consultation, please contact Sydney Nash at sydney.nash@berr.gsi.gov.uk or on 020 7215 0397.
Part 3: Civil sanctions
Part three of the Act also provides a framework of administrative sanctions that will allow regulators to tackle non-compliance in ways that are:
- transparent
- flexible
- proportionate to the offence.
Part 4: Regulatory burdens
Finally, the Act places a duty on specified regulators to:
- review the burdens they impose
- reduce any that are unnecessary and unjustifiable
- report on their progress annually.
The overall aim of this is to help regulators meet the requirements of the Government's better regulation agenda.
How might the provisions work in practice?
Guidance to the Act has been published.
Impact Assessment
The Government published an Impact Assessment to accompany the bill.
Consultation
Consultation on the draft Bill began on 15 May 2007 and ended on 15 August 2007. The Government’s response was published on 28 September 2007.
Responses
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