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Law of Regulatory Enforcement and Sanctions: A Practical Guide


ISBN13: 9780199593200
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £79.00



In stock.

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.

  • Only book to provide comprehensive coverage of the new regulatory enforcement regime, including a review of all applicable legislation;
  • Provides detailed coverage of the Regulatory Enforcement and Sanctions Act 2008 and the relevant sections of the Tribunals Courts and Enforcement Act 2007, as well as of their history and potential ramifications;
  • Contains a practical step-by-step guide to on how regulators should go about applying for, imposing, and implementing the new civil sanctioning powers;
  • Full coverage of the operation of the civil sanctioning powers awarded to the Environment Agency and Natural England;
  • Addresses the operation of the primary authority scheme in detail as well as the operation and functions of the Local Better Regulation Office;
  • Provides innovative solutions to potential areas and grounds of challenge;
  • Includes comprehensive coverage of appeals to the First-tier Tribunal judicial review and human rights considerations;

Subjects:
Local Government Law, Constitutional and Administrative Law
Contents:
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;