(1)Section 72 applies to the following regulatory functions—
(a)the regulatory functions specified in subsection (2),
[F1(aa)the regulatory functions specified in subsection (2A),]
(b)any regulatory function specified by a Minister of the Crown by order in accordance with this section, and
(c)any regulatory function specified by the Welsh Ministers by order in accordance with this section.
(2)The regulatory functions referred to in subsection (1)(a) are the regulatory functions exercised by—
(a)the Gas and Electricity Markets Authority,
(b)the [F2Competition and Markets Authority] ,
(c)[F3the Office of Rail and Road]
[F4(d)the Office of Communications in relation to postal services, and]
(e)the Water Services Regulation Authority,
other than any function exercised under competition law [F5or any function exercisable by a CMA group (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013) or a member of the CMA panel (within the meaning of that Schedule)] .
[F6(2A)The regulatory functions referred to in subsection (1)(aa) are the regulatory functions exercised by the Civil Aviation Authority under—
(a)Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services);
(b)Chapter 1 of Part 1 of the Civil Aviation Act 2012 (regulation of operators of dominant airports).]
(3)Any reference in [F7subsection (2) or (2A)] to a regulatory function—
(a)where the function is exercisable in Scotland, does not include the function if or to the extent that it relates to matters which are not reserved matters,
(b)where the function is exercisable in Northern Ireland, does not include the function if or to the extent that it relates to matters which are transferred matters, and
(c)where the function is exercisable [F8in relation to Wales] , does not include the function if or to the extent that it relates to a [F9devolved Welsh] matter.
(4)A Minister of the Crown may not under this section specify—
(a)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,
(b)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, or
(c)a regulatory function so far as exercisable [F10in relation to Wales] , if or to the extent that the function relates to a [F11devolved Welsh] matter.
(5)The Welsh Ministers may only specify under this section a regulatory function if or to the extent that it relates to a [F12devolved Welsh] matter.
(6)Before making an order under this section the authority making the order must consult—
(a)any person whose regulatory functions are to be specified in the order, and
(b)such other persons as the authority considers appropriate.
(7)An order under this section may make such consequential, supplementary, incidental or transitional provision (including provision amending any enactment) as the authority making it considers appropriate.
(8)An order under this section is to be made by statutory instrument.
(9)A statutory instrument containing an order under this section made by a Minister of the Crown may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(10)A statutory instrument containing an order under this section made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
[F13(10A)In subsection (2)(d) “postal services” has the same meaning as in Part 3 of the Postal Services Act 2011.]
(11)In subsections (3) and (4)—
“reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998 (c. 46);
“transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998 (c. 47);
“Wales” has the same meaning as in the Government of Wales Act 2006 (c. 32).
Textual Amendments
F1S. 73(1)(aa) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 104(2), 110(1) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(4)(c)
F2Words in s. 73(2)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 180(a) (with art. 3)
F3Words in s. 73(2)(c) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(s)(i)
F4S. 73(2)(d) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 191(2); S.I. 2011/2329, art. 3
F5Words in s. 73(2) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 180(b) (with art. 3)
F6S. 73(2A) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 104(3), 110(1) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(4)(c)
F7Words in s. 73(3) substituted (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 104(4), 110(1) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(4)(c)
F8Words in s. 73(3)(c) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(3), 44(5); S.I. 2016/695, art. 3(c)
F9Words in s. 73(3)(c) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(h), 44(5); S.I. 2016/695, art. 3(c)
F10Words in s. 73(4)(c) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(3), 44(5); S.I. 2016/695, art. 3(c)
F11Words in s. 73(4)(c) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(h), 44(5); S.I. 2016/695, art. 3(c)
F12Words in s. 73(5) substituted (1.10.2016) by Enterprise Act 2016 (c. 12), ss. 21(2)(h), 44(5); S.I. 2016/695, art. 3(c)
F13S. 73(10A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 191(3); S.I. 2011/2329, art. 3