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Regulatory Enforcement and Sanctions Act 2008
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[F122C“Relevant function”U.K.
This section has no associated Explanatory Notes
(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.]
Textual Amendments
F1Pt. 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)
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