Regulatory Enforcement and Sanctions Bill [HL]

First, I assure the noble Lord, Lord Hodgson, that in the vast majority of cases—we talked in detail to many of the authorities and their staff—five working days will be sufficient. That is quick enough to give the enforcement authority the right to get on with its work as soon as possible. We are all talking about a small minority of cases here. However, the amendment would remove the ability of a primary authority to apply to the LBRO for an extension to the deadline of five working days, which normally applies to a decision. The LBRO’s ability to extend the deadline has been included for a number of reasons, but I assure the noble Lord that it is not in the LBRO’s interests to hold such a sword of Damocles over the head of both business and the authority or to allow it to happen. I think that the public outcry—indeed, the outcry from many places—would ensure that that did not happen. There may be cases where the primary authority’s decision requires complex analysis or there may be a temporary local crisis calling on the attention of all qualified staff. Indeed, there may be a problem that is so local that the LBRO needs longer. For all those reasons, we think that a time limit of 28 days, as LACORS has recommended, rather than five working days, would be too long. We need to ensure that the enforcing authority is not kept waiting for a decision for such a long time. However, some flexibility is needed, and, although they are only a small minority, the unusual and difficult cases will have to be accommodated. Subsection (9)(b) allows for that.