Regulatory Enforcement and Sanctions Bill [HL]

moved Amendment No. 84A: 84A: Schedule 4, page 45, line 27, at end insert— ““Reference by regulated person with activities in only one local authority enforcement area 2 (1) The regulated person may with the consent of LBRO refer the action described in section (Single enforcement authority business: appeal to LBRO) to LBRO. (2) On a reference under this paragraph— (a) if LBRO is satisfied as to the matters in sub-paragraph (3), it must direct the enforcing authority not to take the proposed enforcement action; (b) in any other case, it must confirm the proposed action. (3) The matters referred to in sub-paragraph (2) are that— (a) the proposed enforcement action is consistent with advice or guidance previously given by the enforcing authority (generally or specifically); (b) the advice or guidance was correct; and (c) the advice or guidance was properly given by the enforcing authority. (4) The enforcing authority may not take the proposed enforcement action if it is directed as specified in sub-paragraph (2)(a). (5) Where LBRO gives a direction under sub-paragraph (2)(a), it may direct the enforcing authority to take some other enforcement action (and section (Single enforcement authority business: appeal to LBRO) does not apply in relation to that action). (6) The enforcing authority must comply with any direction under sub-paragraph (5). (7) LBRO may require a regulated person who makes a reference under this paragraph to pay such reasonable costs incurred by LBRO as a result of the reference under this paragraph to pay such reasonable costs incurred by LBRO as a result of the reference as LBRO may specify.”” The noble Lord said: Under the Bill, a multi-site business is free to select as its primary authority one which is relatively sympathetic to its cause. Smaller, single-site businesses which operate within a single local authority area will not by definition have that flexibility. So there is a risk that they are disadvantaged as against larger businesses. The purpose of Amendment No. 101A and this amendment is to provide some balance for those smaller businesses by giving them some rights of appeal against the enforcement decisions of their respective enforcing authorities. These would be on the same grounds as an appeal to the LBRO against a decision of a primary authority by a business that operates on a multi-site basis. The noble Lord, Lord Jones, has kindly written to me to explain that small businesses can appeal to a tribunal. I prefer my solution for two reasons: first, it would give the regulated party the opportunity of appeal before conviction, which the Bill as drafted would not; and, secondly, the conditions as drafted in the amendment mirror those in the Bill for multi-site businesses, thereby placing small businesses on a more equal footing with larger businesses. I beg to move.