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Statutory Instruments
REGULATORY REFORM
Made
15th December 2003
Coming into force
16th December 2003
Whereas:
(a)the Secretary of State for the Home Department consulted—
(i)such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order;
(ii)the statutory bodies to whose functions his proposals related;
(iii)organisations representative of such bodies; and
(iv)such other persons as he considered appropriate;
(b)the Secretary of State for Culture, Media and Sport(1) (“the Secretary of State”) consulted the National Assembly for Wales;
(c)following the consultation mentioned in paragraphs (a) and (b) the Secretary of State considered it appropriate to proceed with the making of this Order;
(d)a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(2) and the period for Parliamentary consideration under section 8 of that Act expired;
(e)the Secretary of State had regard to the representations made during that period and in particular to—
(i)the thirteenth Report of Session 2002-03 of the House of Commons Regulatory Reform Committee; and
(ii)the nineteenth Report of Session 2002-03 of the House of Lords Delegated Powers and Regulatory Reform Committee;
(f)a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;
(g)the draft was approved by resolution of each House of Parliament;
(h)the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and
(i)this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—
(i)the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
(ii)the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now, therefore the Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:
By virtue of article 6 of the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), anything which is in the process of being done by or in relation to the Secretary of State for the Home Department on the date of coming into force of that Order (26 November 2001), if it relates to a function which relates to gambling, may be continued by or in relation to the Secretary of State for Culture, Media and Sport.
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