The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

Made: 5th March 2009

Laid before Parliament: 16th March 2009

Coming into force: 6th April 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 24(1) of the Regulatory Enforcement and Sanctions Act 2008[^f00001].

Citation, commencement and interpretation

1

This Order may be cited as the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 and comes into force on 6th April 2009.

2

In this Order “the Act” means the Regulatory Enforcement and Sanctions Act 2008.

Regulatory functions

3

• (1) The following are specified in relation to a local authority in Scotland—

• (a) any regulatory function exercised by that authority under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, and

• (b) any regulatory function exercised by that authority which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.

• (2) In paragraph (1) “relevant enactment” means an enactment specified in Schedule 1 or an enactment made under such an enactment.

• (3) In paragraph (1) “regulatory function” means, in relation to a relevant enactment specified in—

• (a) Part 1 of Schedule 1, any function;

• (b) Part 2 of Schedule 1, any function which relates to the protection of consumers;

• (c) Part 3 of Schedule 1, any function which relates to the granting of licences or permits under those enactments;

• (d) Part 4 of Schedule 1, any function which relates to product safety, compliance with standards, product labelling or weights and measures;

• (e) Part 5 of Schedule 1, any function which relates to the regulation of business associations;

• (f) Part 6 of Schedule 1, any function which relates to price indications;

• (g) Part 7 of Schedule 1, any function which does not relate to the encouragement of and observance of equal opportunities requirements.

• (4) Paragraph (1) shall not apply if or to the extent that a specified function relates to matters which are not reserved matters.

4

• (1) The following are specified in relation to a local authority in Northern Ireland—

• (a) any regulatory function exercised by that authority under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, and

• (b) any regulatory function exercised by that authority which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.

• (2) In paragraph (1) “relevant enactment” means—

• (a) an enactment specified in Schedule 2 or an enactment made under such an enactment; and

• (b) an enactment made under section 2(2) of the European Communities Act 1972[^f00002] with respect to

• (i) the safety of consumers in relation to goods, or

• (ii) technical standards derived from European Community law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides).

• (3) In paragraph (1) “regulatory function” means any function in relation to a relevant enactment set out in Schedule 2.

• (4) Paragraph (1) shall not apply if or to the extent that a specified function relates to matters which are transferred matters.

SCHEDULE 1

PART 1

PART 2

PART 3

PART 4

PART 5

PART 6

PART 7

SCHEDULE 2

PART 1

PART 2

Signed

Stephen Carter — Minister for Communications, Technology and Broadcasting — Department for Business, Enterprise and Regulatory Reform — 5th March 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order specifies regulatory functions exercisable by local authorities in Scotland and Northern Ireland to which Part 2 of the Act applies.

Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (2008 c.13) (the “Act”) enables persons that carry on an activity in the area of two or more local authorities where each authority has the same regulatory function in respect of that person to have a single local authority nominated as the “primary authority” for the exercise of that regulatory function. The primary authority has the function of giving advice and guidance to the regulated person in relation to the regulatory function and to other local authorities as to how they should exercise the regulatory function in relation to that person. In certain circumstances, the primary authority can prevent enforcement action by other local authorities in respect of the regulated person.

Section 24 of the Act enables the Secretary of State to make an order specifying the regulatory functions exercisable by local authorities in Scotland and Northern Ireland to which Part 2 of the Act will apply. Such an order may not specify a regulatory function, so far as exercisable in Scotland, if or to the extent that the function relates to matters that are not reserved matters, and so far as exercisable in Northern Ireland, if or to the extent that that the function relates to matters that are transferred matters.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Enterprise and Regulatory Reform, Bay 3134, 1 Victoria Street, London, SW1H 0ET and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Footnotes

[^f00001]: 2008 c.13.

[^f00002]: 1972 c.68.

[^f00003]: 1963 c.41.

[^f00004]: 1968 c.27.

[^f00005]: 1968 c.67.

[^f00006]: 1971 c.30.

[^f00007]: 1972 c.66.

[^f00008]: 1974 c.37.

[^f00009]: 1974 c.39.

[^f00010]: 1982 c.31.

[^f00011]: 1984 c.39.

[^f00012]: 1988 c.48; sections 107A and 198A were inserted by the section 165(2) of the Criminal Justice and Public Order Act 1994.

[^f00013]: 1992 c.35.

[^f00014]: 1994 c.26.

[^f00015]: 1995 c.32.

[^f00016]: 1875 c.17.

[^f00017]: 1968 c.29.

[^f00018]: 1969 c.51.

[^f00019]: 1973 c.13.

[^f00020]: 1973 c.41.

[^f00021]: 1973 c.43.

[^f00022]: 1974 c.24.

[^f00023]: 1976 c.76.

[^f00024]: 1976 c.77.

[^f00025]: 1977 c.50.

[^f00026]: 1979 c.38.

[^f00027]: 1979 c.54.

[^f00028]: 1981 c.14.

[^f00029]: 1982 c.29.

[^f00030]: 1987 c.34.

[^f00031]: 1987 c.43: Part 4 which relates to enforcement of Parts 2 and 3 was amended by S.I. 2008/1277.

[^f00032]: 1988 c.40.

[^f00033]: 1991 c.29.

[^f00034]: 2002 c.40.

[^f00035]: 2003 c.22.

[^f00036]: S.I. 1972/1952.

[^f00037]: S.I. 1979/132.

[^f00038]: S.I. 1992/3288: Schedule 3 sets out enforcement provisions; paragraph 2 revoked by Article 3 of S.I. 2003/1376, and paragraphs 7 was revoked by Article 7 of, and Schedule 5 to, S.I. 2003/1400.

[^f00039]: S.I. 1994/1932, amended S.I. 1994/3144, S.I. 1999/267, S.I. 2002/236, S.I. 2003/2321, S.I. 2004/1480, S.I. 2005/2787, S.I. 2006/2407.

[^f00040]: S.I. 1999/2083; amended by the Enterprise Act 2002 c.40

[^f00041]: S.I. 2000/2334.

[^f00042]: S.I. 2002/3045; amended by inserted by S.I. 2008/1277, reg 30(1), Sch 2, Pt 2, para 97.

[^f00043]: S.I. 2008/1277.

[^f00044]: 1985 c.13; whole Act ceased to have effect in respect of England and Wales by the Licensing Act 2003, Schedule 6 paragraph 95.

[^f00045]: 1988 c.52.

[^f00046]: 2005 c.19.

[^f00047]: 1985 c.72; section 85 which relates to enforcement, amended by S.I. 2006/659.

[^f00048]: S.I. 1975/2125.

[^f00049]: S.I. 1977/932.

[^f00050]: S.I. 1977/1753.

[^f00051]: S.I. 1977/1140.

[^f00052]: S.I. 1977/1379.

[^f00053]: S.I. 1988/186.

[^f00054]: S.I. 1988/296.

[^f00055]: S.I. 1991/2749, amended by S.I. 2003/1400.

[^f00056]: S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2005/831.

[^f00057]: S.I. 1994/3260.

[^f00058]: S.I. 1988/1804.

[^f00059]: S.I 1995/2489.

[^f00060]: S.I. 1995/1629.

[^f00061]: S.I. 1995/204, amended by S.I. 2004/1769, S.I. 2005/1082.

[^f00062]: S.I. 1996/600, amended by S.I. 1997/803, S.I. 2001/3142, S.I. 2008/1277.

[^f00063]: S.I. 1996/601, amended by S.I. 2001/3142, S.I. 2003/1398, S.I. 2008/1277.

[^f00064]: S.I. 1997/1624, amended by S.I. 2001/3142, S.I. 2003/1398, S.I. 2008/1277.

[^f00065]: S.I. 1999/1517, amended by S.I. 2003/1398, S.I. 2008/1277.

[^f00066]: S.I. 1999/1679, amended by S.I. 2001/3142, S.I. 2003/1398, S.I. 2008/1277.

[^f00067]: S.I. 1999/2001, amended by S.I. 2002/1267, S.I. 2008/1597.

[^f00068]: S.I. 2000/3236, amended by S.I. 2008/738.

[^f00069]: S.I. 2002/618; relevant amending instruments are S.I. 2003/1697, S.I. 2005/2759, S.I. 2005/2909. S.I. 2007/400, S.I. 2008/2936.

[^f00070]: S.I. 2002/1144, amended by S.I. 2004/693.

[^f00071]: S.I. 2002/1689, amended by S.I. 2004.568, S.I. 2005/1732, S.I. 2005/2092, S.I. 2008/2337, S.I. 2008/2852; there are other amending instruments but none is relevant.

[^f00072]: S.I. 2003/751, amended by S.I. 2008/1277.

[^f00073]: S.I. 2003/3310, amended by S.I. 2004/2913.

[^f00074]: S.I. 2003/1511, amended by S.I. 2003/2650.

[^f00075]: S.I. 2004/1468, amended by SI 2008/1277.

[^f00076]: S.I. 2004/3349, amended by S.I. 2005/3355.

[^f00077]: S.I. 2004/1464, to which there are amendments which are not relevant for this Order.

[^f00078]: S.I. 2005/395, to which there are amendments which are not relevant for this Order.

[^f00080]: S.I 2005/1803, to which there are amendments which are not relevant for this Order.

[^f00081]: S.I. 2006/ 659.

[^f00082]: S.I. 2006/1255.

[^f00083]: S.I. 2006/1256, amended by S.I. 2006/2625.

[^f00084]: S.I. 2006/1257, amended by S.I. 2006/2625.

[^f00085]: S.I. 2006/1258.

[^f00086]: S.I. 2006/1259.

[^f00087]: S.I. 2006/1264.

[^f00088]: S.I. 2006/1266.

[^f00089]: S.I. 2006/ 1267.

[^f00090]: S.I. 2006/1268, amended by S.I. 2006/2625.

[^f00091]: S.I. 2006/1269.

[^f00092]: S.I. 2006/3418.

[^f00093]: S.I. 2008/15.

[^f00094]: S.I. 2008/1284, amended by S.I. 2008/2173, S.I. 2008/2566.

[^f00095]: 1985 c.6; Part XI has been amended by the Companies Act 1989 and the Companies Act 2006.

[^f00096]: 1985 c.7.

[^f00097]: 1976 c.76.

[^f00098]: 1995 c.50.

[^f00099]: 1987 c.43.

[^f00100]: S.I. 1991/1630, amended by S.I. 1994/3051.

[^f00101]: S.I. 1991/2749, amended by S.I. 1994/3098, S.I. 2003/1400.

[^f00102]: S.I. 1992/3073, amended by S.I. 1994/2063, S.I. 2005/831.

[^f00103]: S.I. 1994/3260.

[^f00104]: S.I. 1995/204, amended by S.I. 2004/1769, S.I. 2005/1082.

[^f00105]: S.I. 1995/1629.

[^f00106]: S.I. 1999/2001, amended by S.I. 2002/1267, S.I. 2008/1597.

[^f00107]: S.I. 2002/618, relevant amending instruments are S.I. 2003/1697, S.I. 2005/2759, S.I. 2005/2909. S.I. 2007/400, S.I. 2008/2936.

[^f00108]: S.I. 2002/1144, amended by S.I. 2004/693.

[^f00109]: S.I. 2004/1464, to which there are amendments which are not relevant for this Order.

[^f00110]: S.I. 2005/2750, to which there are amendments which are not relevant for this Order.

[^f00111]: S.I. 2005/1803, to which there are amendments which are not relevant for this Order.

[^f00112]: S.I. 2008/1284.