Localism Act 2011

17 (1) Section 218 (exercise of enforcement powers) is amended as follows.

(2) In subsection (1) for “This section” substitute “Subsection (2)”.

(3) In subsection (2) omit paragraphs (b) and (c).

(4) After that subsection insert—

“(3) Subsection (4) applies where the regulator is making a decision in relation to—

(a) the exercise, on a ground other than one specified in section 198A(1) (failure to meet standard under section 193), of a power under this Chapter that is listed in section 198A(3), or

(b) the exercise of a power under this Chapter that is not listed in section 198A(3).

(4) The regulator shall consider—

(a) whether the failure or other problem concerned is serious or trivial;

(b) whether the failure or other problem is a recurrent or isolated incident.”