Regulatory Enforcement and Sanctions Bill [HL]

As the Explanatory Notes and the guide accompanying the Bill make clear, the Government have every expectation that the LBRO will consult relevant local authorities before issuing any guidance under its Clause 6 powers. Subsection 6(4) already requires the LBRO to consult those who are the subject of regulation—in other words, businesses. I accept the argument for a specific statutory requirement to consult relevant local authorities as well. The noble Baroness has a good point here. If businesses are to be consulted under Clause 6, so should relevant local authorities. I hope that she will understand that, having made that concession, we would like to take her amendment away to consider the right form for a later stage. If she will be kind enough to withdraw it, she knows that we are sympathetic to it. That deals with Amendment No. 32. However, I am afraid that I am not able to give ground on Amendment No. 31. Of course we understand its intention that the LBRO should be required to consult prior to varying or revoking guidance that it has issued under Clause 6. As the noble Baroness forecast when speaking to the amendment, we do not believe that that is necessary. Under Clause 6(6), the LBRO may only vary or revoke guidance that it has issued under Clause 6 with further guidance issued under that clause. In effect, that means that the LBRO must comply with all provisions in Clause 6, including those regarding consultation at subsection (4), prior to varying or revoking guidance. I hope that that satisfies the noble Baroness. Turning to Amendment No. 40E, I reassure the Committee that it is the Government’s expectation that the LBRO will consult with representative bodies such as LACORS, the Trading Standards Institute and the British Retail Consortium, when preparing a list of regulatory priorities under Clause 11. I emphasise that this amendment relates to Clause 11, which is rather different from Clause 6—the guidance clause. While ““representative bodies”” are not specifically mentioned in Clause 11, the guide to the Bill makes clear our intentions regarding this point. Subsection (3) makes sufficient provision regarding the LBRO’s obligation to consult prior to publishing a list of regulatory priorities. I hope that the noble Baroness will be pleased rather than sorry at my response to her amendments.