Regulation 38 EnforcementI1
England and Wales
These Regulations are enforced by the local authority.
But the Secretary of State may direct, in relation to cases of a particular description or in relation to particular cases, that the Secretary of State will enforce these Regulations instead.
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
In paragraph (1), “local authority” means—
where there is an authority which is the sole principal council for its local government area (“a unitary authority”), that authority;
where there is not a unitary authority—
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county council;
in each London borough the council of that borough; or
in the City of London the Common Council.