The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/665 |
| Year | 2009 |
2009 No. 665
Regulatory Reform
The Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009
Made 13th March 2009
Laid before Parliament 16th March 2009
Coming into force 6th April 2009
The Secretary of State, in exercise of the powers conferred by sections 28(6) and 29(1) of the Regulatory Enforcement and Sanctions Act 20081, and with the consent of the Welsh Ministers makes the following Order:
Citation, Commencement and interpretation
1.—(1) This Order shall be known as the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 and shall come into force on 6th April 2009.
(2) In this Order “the Act” means the Regulatory Enforcement and Sanctions Act 2008.
Enforcement action
2.—(1) Subject to paragraph (2), each of the following actions is to be regarded as enforcement action for the purposes of Part 2 of the Act—
(a)
(a) the giving of any communication in writing which indicates that one or more of the actions referred to in subparagraphs (b) to (t) will be taken within, or at the end of, a period of time specified in the communication unless the regulated person acts (or ceases to act) in the manner specified in the communication;
(b)
(b) the service of a stop notice within the meaning of section 46(2) of the Act;
(c)
(c) the service of a prohibition notice under any of the following enactments—
(i) section 22 of the Health and Safety at Work etc Act 19742,
(ii) section 10 of the Safety of Sports Grounds Act 19753,
(iii) regulation 15(3) of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 20024,
(iv) regulation 24(3) of the Fluorinated Greenhouse Gases Regulations 20085;
(d)
(d) the service of an abatement notice under section 80 of the Environmental Protection Act 19906;
(e)
(e) the service of an emergency prohibition notice under any of the following enactments—
(i) section 12(1) of the Food Safety Act 19907,
(ii) regulation 22 of the Feed (Hygiene and Enforcement) (England) Regulations 20058,
(iii) regulation 22 of the Feed (Hygiene and Enforcement) (Wales) Regulations 20059,
(iv) regulation 8 of the Food Hygiene (England) Regulations 200610,
(v) regulation 8 of the Food Hygiene (Wales) Regulations 200611;
(f)
(f) the imposition of an improvement notice under any of the following enactments—
(i) section 10 of the Animal Welfare Act 200612,
(ii) section 10 of the Food Safety Act 1990,
(iii) section 21 of the Health and Safety at Work etc Act 1974,
(iv) regulation 17 of the Feed (Hygiene and Enforcement) (England) Regulations 2005,
(v) regulation 17 of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005,
(vi) regulation 6 of the Food Hygiene (England) Regulations 2006,
(vii) regulation 6 of the Food Hygiene (Wales) Regulations 2006;
(g)
(g) the service of a remedial action notice or a detention notice under either of the following enactments—
(i) regulation 9 of the Food Hygiene (England) Regulations 2006,
(ii) regulation 9 of the Food Hygiene (Wales) Regulations 2006;
(h)
(h) the service of a certificate under either of the following enactments—
(i) regulation 27 of the Food Hygiene (England) Regulations 2006,
(ii) regulation 27 of the Food Hygiene (Wales) Regulations 2006;
(i)
(i) the service of a notice under section 4 of the Prevention of Damage by Pests Act 194913;
(j)
(j) the service of a notice under section 60 of the Control of Pollution Act 197414;
(k)
(k) the determination of an application under section 61 of the Control of Pollution Act 197415
(l)
(l) the imposition of a fixed monetary penalty or discretionary requirement within the meaning of section 39(3) or section 42(3) of the Act respectively;
(m)
(m) the service of an enforcement notice under—
(i) regulation 15(1) of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002,
(ii) regulation 36 of the Environmental Permitting (England and Wales) Regulations 200716,
(iii) regulation 24(1) of the Fluorinated Greenhouse Gases Regulations 2008;
(n)
(n) the service of a suspension notice under regulation 37 of the Environmental Permitting (England and Wales) Regulations 2007;
(o)
(o) the service of any of the following notices under the General Product Safety Regulations 200517—
(i) a suspension notice under regulation 11,
(ii) a requirement to mark products under regulation 12,
(iii) a requirement to warn consumers under regulation 13,
(iv) a withdrawal notice under regulation 14,
(v) a recall notice under regulation 15;
(p)
(p) the reference of any matter to a prosecuting authority other than a local authority with a view to the prosecuting authority considering the commencement of proceedings in relation to the matter;
(q)
(q) the commencement of proceedings in a court of law or tribunal created under an enactment;
(r)
(r) the imposition of any sanction (whether criminal or otherwise) in respect of any act or omission;
(s)
(s) the administering of a simple caution;
(t)
(t) the acceptance by the enforcing authority of any undertaking (under an enactment or otherwise) in respect of any act or omission.
(2) The following action is not to be...
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