The Law Of Regulatory Enforcement And Sanctions: A Practical Guide

Paperback | March 24, 2011

byJulie Norris, Jeremy Phillips

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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 2008and 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 regulatorybreaches. 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 detailedtreatment 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 waysto avoid them.

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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 2008and the Tribunal Courts and Enforcement Act ...

Julie Norris was called to the Bar in 2001. She joined Kingsley Napley in 2007 and works in the Criminal and Regulatory Department as in-house counsel. Julie became a Senior Associate in 2010. She is an experienced junior barrister, having previously practised from the Chambers of Andrew Campbell Tiech QC, Dyers Chambers, where she sp...
Format:PaperbackDimensions:280 pages, 9.69 × 6.73 × 0.68 inPublished:March 24, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199593205

ISBN - 13:9780199593200

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Table of Contents

1. An Historical Perspective on Regulation and EnforcementIntroductionThe UK perspectiveThe European PerspectiveLooking to the FuturePart I: The Coordination of Local Authority Enforcement2. Enforcement by Local Authorities: The Local Better Regulation OfficeIntroductionLocal authority enforcement before the LBROThe establishment of the LBRORemit of the LBROGeneral functions of the LBROEnforcement prioritiesDuty not to impose burdensMemoranda of understandingGuidance or directions by the Secretary of State3. Enforcement by Primary AuthoritiesIntroductionOverview of the primary authority partnership schemeWho can enter into a partnership?Establishing a primary authority partnershipFunctions of primary authoritiesThe Role of the Local Better Regulation OfficePart II: The Civil Sanctions4. Obtaining the Civil SanctionsIntroductionOverview of the civil sanctioning powersTerritorial ApplicationNon-statutory sourcesWho 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 SanctionsIntroductionOverview of the operation of the civil sanctionsFixed monetary penaltiesDiscretionary requirementsStop NoticesEnforcement UndertakingsCosts and Monies6. Implementation of the SanctionsIntroductionPenalty guidanceInvestigation policyEnforcementMinisterial oversightThe civil sanctions in practice: Schedule 5 regulators7. Natural England and the Environment AgencyIntroductionOffences and enforcement: the pre-RESA positionThe civil sanctionsEnvironment Agency: penalty guidance and enforcement policyNatural England: penalty guidance and enforcement policyPart III: Appeal and Judicial Review8. Appeal and Judicial ReviewIntroductionBackground to the RESA appeal regimeOverview of the RESA appeal provisionsAppeal to the First-tier TribunalAppeal to the Upper TribunalGeneral procedure: appeals to First-tier and Upper TribunalsAppeal to the Court of AppealJudicial reviewThe civil sanctions and the European Convention on Human RightsAppendicesAppendix 1: Regulatory Enforcement and Sanctions Act 2008, Schedules 3-7Appendix 2: Local Better Regulation Office, Primary Authority GuidanceAppendix 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 ProcedureAppendix 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