Part 3: Regulatory Enforcement and Sanctions Act Section 20 and Schedule 3: Extending the primary authority scheme
Part 2 of RESA (Co-ordination of regulatory enforcement) established the Primary Authority scheme. It enables the Secretary of State to nominate a local authority to be the primary authority for the exercise of a relevant (regulatory) function in relation to a regulated person. The primary authority provides advice and guidance to the regulated person, as well as advice and guidance to other local authorities who share the same regulatory function as to how those authorities should exercise that function in relation to that person, including how those authorities should conduct inspections. Where a local authority other than the primary authority ("the enforcing authority") proposes to take enforcement action against the person, the enforcing authority must notify the primary authority before it takes the enforcement action. Where the enforcement action would be inconsistent with the advice and guidance that the primary authority has given, the primary authority may direct the enforcing authority not to take the enforcement action.
	The new Part 2 of RESA (Regulatory enforcement) will extend the application of the Primary Authority scheme. It will enable the Secretary of State to prescribe in secondary legislation qualifying regulators other than local authorities that may be a primary authority, regulators that may provide support to primary authorities, and regulators that will be required to act consistently with primary authority advice. It provides that persons who carry on an activity in the area of only one qualifying regulator and those who do not yet carry on an activity are also in the scope of the Primary Authority scheme. It enables members of regulated groups to access the Primary Authority scheme via a co-ordinator and establishes the powers and duties of persons who act as a co-ordinator.
	While much of the scheme remains the same, the Part is being replaced, rather than simply amended, for ease of comprehension.