LegalizeThe Legislative and Regulatory Reform (Regulatory Functions) Order 2007
Made: 18th December 2007
Coming into force: 6th April 2008
In accordance with section 24(9) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 and comes into force on 6th April 2008.
- (2) In this Order—
- “local authority” means—a county or district council in England;a London borough council;the Common Council of the City of London;the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;the Council of the Isles of Scilly;a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); ...an authority established under section 10 of the Local Government Act 1985[^f00002] (waste disposal authorities for Greater London and metropolitan counties); a county or county borough council in Wales; a fire and rescue authority in Wales (not being a county or county borough council); anda port health authority in Wales (not being a county or county borough council);
- “local authority in Scotland” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
- “local authority in Northern Ireland” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;
- “private sector bodies” means bodies or persons other than the following bodies or persons—any Minister of the Crown, Government department or other emanation of the Crown;any local authority;the Greater London Authority;any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority, the Greater London Authority, or by a body corporate whose members are so appointed;a company—a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;a majority of whose board of directors can be appointed or removed by any of those bodies or persons; orin which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;a subsidiary of a company falling within paragraph (e) above;
- “third sector bodies” means any organisations that exist wholly or mainly to provide benefits for society or the environment.
Regulatory functions
2
Subject to articles 3 and 4, any regulatory function specified in the Schedule to this Order is a function to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply.
3
Article 2 shall not apply to any regulatory function exercisable by Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument under a public general Act or local Act.
4
Article 2 shall not apply to any regulatory function—
- (a) so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;
- (b) so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or
- (c) exercisable only in or as regards Wales.
SCHEDULE
PART 1
| All the regulatory functions exercisable by the— | All the regulatory functions exercisable by the— | All the regulatory functions exercisable by the— | |
|---|---|---|---|
| British Hallmarking Council | British Hallmarking Council | ||
| The Building Safety Regulator | The Building Safety Regulator | ||
| Charity Commission for England and Wales[^f00003] | Charity Commission for England and Wales[^f00003] | ||
| Civil Aviation Authority[^f00004] other than any regulatory function under— | Civil Aviation Authority[^f00004] other than any regulatory function under— | ||
| . . . | |||
| Part 1 of the Transport Act 2000[^f00006] | |||
| Part 1 of the Civil Aviation Act 2012 | |||
| The Airports (Ground Handling) Regulations 1997[^f00007] | |||
| The Single European Sky (National Supervisory Authority) Regulations 2004[^f00008] | |||
| The Single European Sky (Functions of the National Supervisory Authority) Regulations 2006[^f00009] | |||
| Coal Authority | Coal Authority | ||
| Commission for Equality and Human Rights[^f00010] | Commission for Equality and Human Rights[^f00010] | ||
| The Competition and Markets Authority other than any regulatory function under competition or merger law | The Competition and Markets Authority other than any regulatory function under competition or merger law | ||
| Disclosure and Barring Service | Disclosure and Barring Service | ||
| . . . | . . . | ||
| Environment Agency[^f00012] | Environment Agency[^f00012] | ||
| Financial Conduct Authority | Financial Conduct Authority | ||
| The Financial Reporting Council Limited, other than regulatory functions which are functions it had delegated under regulation 3 of the Statutory Auditors and Third Country Auditors Regulations 2016 as at 6th April 2021 | The Financial Reporting Council Limited, other than regulatory functions which are functions it had delegated under regulation 3 of the Statutory Auditors and Third Country Auditors Regulations 2016 as at 6th April 2021 | ||
| Fire and rescue authorities[^f00014] in England | Fire and rescue authorities[^f00014] in England | ||
| Food Standards Agency[^f00015] | Food Standards Agency[^f00015] | ||
| Football Licensing Authority[^f00016] | Football Licensing Authority[^f00016] | ||
| Forestry Commission[^f00017] | Forestry Commission[^f00017] | ||
| Gambling Commission[^f00018] , other than any regulatory function exercised under— | Gambling Commission[^f00018] , other than any regulatory function exercised under— | ||
| the National Lottery etc. Act 1993 (except for its functions under section 10C) | the National Lottery etc. Act 1993 (except for its functions under section 10C) | ||
| Part 3 of the Horserace Betting and Olympic Lottery Act 2004 | Part 3 of the Horserace Betting and Olympic Lottery Act 2004 | ||
| Gangmasters Labour and Abuse Authority | Gangmasters Labour and Abuse Authority | ||
| Groceries Code Adjudicator | Groceries Code Adjudicator | ||
| Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)” and “Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office) | Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)” and “Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office) | ||
| . . . | . . . | ||
| Health and Safety Executive[^f00021] ... | Health and Safety Executive[^f00021] ... | ||
| . . . | |||
| . . . | |||
| . . . | |||
| . . . | |||
| . . . | . . . | ||
| Her Majesty’s Revenue and Customs, so far as they relate to functions conferred by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | Her Majesty’s Revenue and Customs, so far as they relate to functions conferred by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | ||
| Historic Buildings and Monuments Commission for England (“English Heritage”)[^f00027] | Historic Buildings and Monuments Commission for England (“English Heritage”)[^f00027] | ||
| Homes and Communities Agency | Homes and Communities Agency | ||
| Regulator of Social Housing | Regulator of Social Housing | ||
| Human Fertilisation and Embryology Authority[^f00029] | Human Fertilisation and Embryology Authority[^f00029] | ||
| Human Tissue Authority[^f00030] | Human Tissue Authority[^f00030] | ||
| Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office) | Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office) | ||
| Information Commissioner[^f00031] other than any regulatory function under the Freedom of Information Act 2000[^f00032] | Information Commissioner[^f00031] other than any regulatory function under the Freedom of Information Act 2000[^f00032] | ||
| Legal Services Board | Legal Services Board | ||
| Marine Management Organisation | Marine Management Organisation | ||
| . . . | . . . | ||
| . . . | |||
| . . . | . . . | ||
| Natural England[^f00033] | Natural England[^f00033] | ||
| Natural Resources Body for Wales | Natural Resources Body for Wales | ||
| NHS England under or by virtue of Chapters 3 and 5 of Part 3 of the Health and Social Care Act 2012 | NHS England under or by virtue of Chapters 3 and 5 of Part 3 of the Health and Social Care Act 2012 | ||
| . . . | . . . | ||
| . . . | . . . | ||
| Office for Nuclear Regulation other than any regulatory function exercised under or by virtue of— | Office for Nuclear Regulation other than any regulatory function exercised under or by virtue of— | ||
| section 2 of or Schedule 1 to the Nuclear Installations Act 1965 | |||
| The Import of Goods (Control) Order 1954 | |||
| The Nuclear Industries Security Regulations 2003 | |||
| Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004 | |||
| Office of the Renewable Fuels Agency | Office of the Renewable Fuels Agency | ||
| Office for Students | Office for Students | ||
| Pensions Regulator[^f00035] | Pensions Regulator[^f00035] | ||
| . . . | . . . | ||
| Prudential Regulation Authority | Prudential Regulation Authority | ||
| Registrar of companies for England and Wales[^f00036] | Registrar of companies for England and Wales[^f00036] | ||
| Registrar of companies for Northern Ireland[^f00037] | Registrar of companies for Northern Ireland[^f00037] | ||
| Registrar of companies for Scotland[^f00038] | Registrar of companies for Scotland[^f00038] | ||
| Regulator of Community Interest Companies | Regulator of Community Interest Companies | ||
| Security Industry Authority[^f00039] | Security Industry Authority[^f00039] | ||
| Traffic Commissioners | Traffic Commissioners | ||
| . . . | . . . | ||
| Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office) | Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office) | ||
| a person authorised by the Homes and Communities Agency to carry out functions pursuant to sections 201, 202 and 203 of the Housing and Regeneration Act 2008 | a person authorised by the Homes and Communities Agency to carry out functions pursuant to sections 201, 202 and 203 of the Housing and Regeneration Act 2008 | ||
| . . . | . . . | ||
| A person authorised by the Secretary of State under section 457 of the Companies Act 2006[^f00042] for the purposes of section 456 of that Act | A person authorised by the Secretary of State under section 457 of the Companies Act 2006[^f00042] for the purposes of section 456 of that Act | ||
| A body designated by the Secretary of State for the purposes of section 1252 of the Companies Act 2006 | A body designated by the Secretary of State for the purposes of section 1252 of the Companies Act 2006 | ||
| A professional body listed in Schedule 1 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | A professional body listed in Schedule 1 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 | ||
| . . . | . . . |
PART 2
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