OpenLegislation

Section 10 EnforcementI1I2I3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The F1Secretary of State may make regulations designating the F2persons or bodies or descriptions of F3person or body which are to be enforcement authorities for the purposes of this Chapter.

(2)

The regulations—

(a)

must specify the descriptions of premises, place or vehicle in relation to which an enforcement authority has enforcement functions,

(b)

may provide for a case being dealt with by one enforcement authority to be transferred (or further transferred, or transferred back) to, and taken over by, another enforcement authority.

C1(3)

It is the duty of an enforcement authority to enforce, as respects the premises, places and vehicles in relation to which it has enforcement functions, the provisions of this Chapter and regulations made under it.

(4)

The F4Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority by subsection (3) is to be discharged instead by the Secretary of State.

C2(5)

In this Chapter, “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by it in writing, either generally or specially, to act in matters arising under this Chapter.

(6)

If regulations under this section so provide, no person is to be so authorised unless he has such qualifications as are prescribed by the regulations.

(7)

Schedule 2 makes provision about powers of entry, etc.

Annotations

Textual amendments

F1

Words in s. 10(1) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 11(a); S.I. 2021/202, art. 2

F2

Words in s. 10(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 95(4)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F3

Words in s. 10(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 95(4)(b), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F4

Words in s. 10(4) substituted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 11(b); S.I. 2021/202, art. 2

Modifications

C1

S. 10(3) functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 18

C2

S. 10(5) functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 18

Commencement

I1

S. 10 in force for certain purposes at Royal Assent, see s. 83

I2

S. 10 in force at 2.4.2007 for W. in so far as not already in force by S.I. 2007/204, art. 2(a)

I3

S. 10 in force at 1.7.2007 for E. in so far as not already in force by S.I. 2007/1375, art. 2(a)

Notes on Chapter 1

Textual amendments

F1

Words in Pt. 1 Ch. 1 heading inserted (1.3.2021) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 2 para. 2; S.I. 2021/202, art. 2

Modifications

C1

Pt. 1 Ch. 1 modified (30.5.2007) by National Assembly for Wales Commission (Crown Status) (No.2) Order 2007 (S.I. 2007/1353), arts. 1(2), 7