Clause 29
Regulatory Enforcement and Sanctions Bill [Lords]
4:15 pm
Mark Prisk (Shadow Minister, Business, Enterprise and Regulatory Reform; Hertford and Stortford, Conservative)
I should like to raise some short questions, principally with regard to subsections (1) and (2). I am sure that the Minister will want to provide clarity to us. First, subsection (1) states:
“The Secretary of State shall by order with the consent of the Welsh Ministers prescribe circumstances in which section 28(1) to (4) shall not apply.”
It would be helpful if he described the circumstances in which consultation would not take place as it is not clear what that would extend to.
Secondly, subsection (2) states:
“Where a local authority other than the primary authority takes enforcement action against the regulated person in circumstances prescribed under subsection (1), the authority must inform the primary authority of the enforcement action it has taken as soon as it reasonably can.”
When informing a primary authority of enforcement action, given that people are waiting to know the sanction that may or may not be imposed on them, what would the Minister regard as unreasonable?
Thirdly, can the Minister tell us when it would be impractical to contact the primary authority? That is clearly a concern and it would be useful to know what exactly the Government have in mind.