Regulatory Enforcement and Sanctions Act 2008

[F1 Introductory U.K.

Textual Amendments

F1 Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)

22A “Regulated person” and “regulated group” U.K.

(1) A person is a “regulated person” for the purposes of this Part if the Secretary of State is satisfied that—

(a) the person carries on, or proposes to carry on, an activity, and

(b) a qualifying regulator has a relevant function which is, or would be, exercisable in relation to the person in respect of the activity.

(2) A group of persons is a “regulated group” for the purposes of this Part if the Secretary of State is satisfied that—

(a) a member of the group carries on, or proposes to carry on, an activity, and

(b) a qualifying regulator has a relevant function which is, or would be, exercisable in relation to the member in respect of the activity.

22B “Qualifying regulator” U.K.

(1) In this Part, “qualifying regulator” means—

(a) a local authority, or

(b) a specified regulator.

(2) In this Part, “local authority” means a local authority in England, Wales, Scotland or Northern Ireland.

(3) In this Part—

(a) references to a local authority in England or Wales have the same meaning as in Part 1;

(b) references to a local authority in Scotland are to a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(c) references to a local authority in Northern Ireland are to a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972.

(4) In this Part, “specified regulator” means a person (other than a local authority) who—

(a) has regulatory functions, and

(b) is specified for the purposes of this Part by regulations made by the Secretary of State.

(5) Regulations under subsection (4)(b) require the consent of the Welsh Ministers to specify a regulator whose functions relate only to devolved Welsh matters.

22C “Relevant function” U.K.

(1) In this Part, “relevant function”—

(a) in relation to a local authority in England or Wales, has the same meaning as in Part 1;

(b) in relation to a local authority in Scotland, means a regulatory function exercised by that authority and specified for the purposes of this Part by regulations made by the Secretary of State;

(c) in relation to a local authority in Northern Ireland, means a regulatory function exercised by that authority and specified for the purposes of this Part by regulations made by the Secretary of State;

(d) in relation to a specified regulator, means a regulatory function exercised by that regulator and specified for the purposes of this Part by regulations made by the Secretary of State.

(2) Regulations under subsection (1)(b) or (c) may only specify a regulatory function—

(a) which is a relevant function for the purposes of Part 1 in relation to local authorities in England or Wales or both, or

(b) which, for the purposes of local authorities in Scotland or Northern Ireland, is equivalent to such a function.

(3) Regulations under subsection (1)(d) may only specify a regulatory function—

(a) which is a relevant function for the purposes of Part 1 in relation to local authorities in England or Wales or both, or

(b) which, for the purposes of the specified regulator, is equivalent to such a function.

(4) Regulations under subsection (1)(b) or (d) may not specify a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters.

(5) Regulations under subsection (1)(c) or (d) may not specify a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters.

(6) Regulations under subsection (1)(d) require the consent of the Welsh Ministers to specify a regulatory function, so far as exercisable in relation to Wales, which relates to a devolved Welsh matter.

(7) Regulations under subsection (1)(d) may make different provision for—

(a) different purposes;

(b) different areas.]