2007 No. 3544

REGULATORY REFORM

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

Made

Coming into force

The Minister for the Cabinet Office makes the following Order, in exercise of the powers conferred by section 24(2) of the Legislative and Regulatory Reform Act 20061.

In accordance with section 24(6) of that Act, he has consulted the persons whose functions are specified in this Order and such other persons as he considered appropriate.

In accordance with section 24(9) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and interpretationI11

1

This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 and comes into force on 6th April 2008.

2

In this Order—

  • “local authority” means—

    1. a

      a county or district council in England;

    2. b

      a London borough council;

    3. c

      the Common Council of the City of London;

    4. d

      the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

    5. e

      the Council of the Isles of Scilly;

    6. f

      a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); and

    7. g

      an authority established under section 10 of the Local Government Act 19852 (waste disposal authorities for Greater London and metropolitan counties).

Annotations:
Commencement Information
I1

Art. 1 in force at 6.4.2008, see art. 1(1)

Regulatory functions

I22

Subject to articles 3 and 4, any regulatory function specified in the Schedule to this Order is a function to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply.

Annotations:
Commencement Information
I2

Art. 2 in force at 6.4.2008, see art. 1(1)

I33

Article 2 shall not apply to any regulatory function exercisable by Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument under a public general Act or local Act.

Annotations:
Commencement Information
I3

Art. 3 in force at 6.4.2008, see art. 1(1)

I44

Article 2 shall not apply to any regulatory function—

a

so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;

b

so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or

c

exercisable only in or as regards Wales.

Annotations:
Commencement Information
I4

Art. 4 in force at 6.4.2008, see art. 1(1)

Phil HopeParliamentary Secretary for the Cabinet Officeand Minister for the Third Sector

SCHEDULE

Article 2

I7PART 1

Annotations:
Commencement Information
I7

Sch. Pt. 1 in force at 6.4.2008, see art. 1(1)

All the regulatory functions exercisable by the—

Charity Commission for England and Wales3

Civil Aviation Authority4 other than any regulatory function under—

Part 4 of the Airports Act 19865

Part 1 of the Transport Act 20006

The Airports (Ground Handling) Regulations 19977

The Single European Sky (National Supervisory Authority) Regulations 20048

The Single European Sky (Functions of the National Supervisory Authority) Regulations 20069

Commission for Equality and Human Rights10

F1. . .

Environment Agency12

Financial Services Authority13

Fire and rescue authorities14 in England

Food Standards Agency15

Football Licensing Authority16

Forestry Commission17

Gambling Commission18

Gangmasters Licensing Authority19

F3. . .

Health and Safety Executive21 other than any regulatory function exercised under or by virtue of—

Section 2 of or Schedule 1 to the Nuclear Installations Act 196522

The Import of Goods (Control) Order 195423

The Nuclear Industries Security Regulations 200324

Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 200425

Hearing Aid Council26

Historic Buildings and Monuments Commission for England (“English Heritage”)27

Housing Corporation28

Human Fertilisation and Embryology Authority29

Human Tissue Authority30

Information Commissioner31 other than any regulatory function under the Freedom of Information Act 200032

F2National Policing Improvement Agency559

Natural England33

Office of Fair Trading34 other than any regulatory function under competition or merger law

Pensions Regulator35

Registrar of companies for England and Wales36

Registrar of companies for Northern Ireland37

Registrar of companies for Scotland38

Security Industry Authority39

United Kingdom Sports Council40

A person authorised by the Secretary of State under section 245C of the Companies Act 198541 for the purposes of section 245B of that Act

A person authorised by the Secretary of State under section 457 of the Companies Act 200642 for the purposes of section 456 of that Act

A body designated by the Secretary of State for the purposes of section 1252 of the Companies Act 2006

I5PART 2

Annotations:
Commencement Information
I5

Sch. Pt. 2 in force at 6.4.2008, see art. 1(1)

All the regulatory functions under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under those enactments) or pursuant to the following Community instruments, so far as exercisable by a Minister of the Crown—

Agricultural wages

Agricultural Wages Act 194843

Agriculture

Public Health Act 193644

Sections 98 to 101 and 106 of the Agriculture Act 194745

Pests Act 195446

Weeds Act 195947

Agriculture and Horticulture Act 196448

Farm Land and Rural Development Act 198849

Farm Woodland Scheme 198850

Common Agricultural Policy (Protection of Community Arrangements) Regulations 199251

Farm Woodland Premium Scheme 199252

Habitat (Water Fringe) Regulations 199453

Habitat (Former Set-Aside Land) Regulations 199454

Habitat (Salt-Marsh) Regulations 199455

Nitrate Sensitive Areas Regulations 199456

Pig Carcase (Grading) Regulations 199457

Countryside Access Regulations 199458

Conservation (Natural Habitats, &c.) Regulations 199459

Moorland (Livestock Extensification) Regulations 199560

Farm Woodland Premium Scheme 199761

Rural Development Grants (Agriculture and Forestry) Regulations 200062

Energy Crops Regulations 200063

Rural Enterprise Regulations 200064

England Rural Development Programme (Enforcement) Regulations 200065

Vocational Training Grants (Agriculture and Forestry) Regulations 200066

Agricultural Processing and Marketing Grants Regulations 200067

Beef Labelling (Enforcement) (England) Regulations 200068

Countryside Stewardship Regulations 200069

Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 200170

Rural Development Grants (Local Communities) Regulations 200171

Dairy Produce Quotas (General Provisions) Regulations 200272

Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 200373

Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 200474

Beef Carcase (Classification) (England) Regulations 200475

Common Agricultural Policy Single Payment and Support Schemes (Appeals) (England) Regulations 200476

Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 200477

Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 200578

Common Agricultural Policy Single Payment and Support Schemes Regulations 200579

Dairy Produce Quotas Regulations 200580

Environmental Stewardship (England) Regulations 200581

Sheep and Goats (Records, Identification and Movement) (England) Order 200582

Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 200583

Rural Development (Enforcement) (England) Regulations 200784

Cattle Identification Regulations 200785

Hill Farm Allowance Regulations 200786

Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products87

Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers88

Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector89

Commission Regulation (EC) No 817/2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)90

Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)91

Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community92

Animal health and welfare

Protection of Animals Act 191193

Destructive Imported Animals Act 193294

Veterinary Surgeons Act 196695

Agriculture (Miscellaneous Provisions) Act 196896

Breeding of Dogs Act 197397

Farriers (Registration) Act 197598

Dangerous Wild Animals Act 197699

Bees Act 1980100

Animal Health Act 1981101

Zoo Licensing Act 1981102

Wildlife and Countryside Act 1981103

Animal Health and Welfare Act 1984104

Wildlife and Countryside (Amendment) Act 1985105

Breeding of Dogs Act 1991106

Dangerous Dogs Act 1991107

Protection of Badgers Act 1992108

Breeding and Sale of Dogs (Welfare) Act 1999109

Animal Welfare Act 2006110

Products of Animal Origin (Import and Export) Regulations 1996111

Animals (Third Country Imports) (Charges) Regulations 1997112

Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997113

BSE Monitoring (England) (Amendment) Regulations 2001114

Registration of Establishments (Laying Hens) (England) Regulations 2003115

Horse Passports (England) Regulations 2004116

Non Commercial Movement of Pet Animals (England) Regulations 2004117

Animal By-Products Regulations 2005118

Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005119

Animal Health Act 1981 (Amendment) Regulations 2005120

Older Cattle (Disposal) (England) Regulations 2005121

Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006122

Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006123

Animals and Animal Products (Import and Export) (England) Regulations 2006124

Avian Influenza (Preventive Measures) (England) Regulations 2006125

Avian Influenza (Vaccination) (England) Regulations 2006126

Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006127

Products of Animal Origin (Third Country Imports) (England) Regulations 2006128

Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) (England and Wales) Order 2006129

Official Controls (Animals, Feed and Food) (England) Regulations 2006130

Avian Influenza (Fees for the Licensed Vaccination of Birds) (England) Regulations 2007131

Eggs and Chicks (England) Regulations 2007132

Veterinary Medicines Regulations 2007133

Council Regulation (EEC) No. 2782/75 on the production and marketing of eggs for hatching and of farmyard poultry chicks134

Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75135

Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs136

Regulation (EEC) No. 2377/90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin137

Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety138

Commission Regulation (EC) No. 1084/2003 (concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a member State)139

Regulation (EC) No. 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition140

Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90141

Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC142

Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency143

Regulation (EC) No. 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules144

Regulation (EC) No. 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene145

Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed146

Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs147

Commission Regulation (EC) No 1950/2006 (establishing, in accordance with Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products, a list of substances essential for the treatment of equidae148

Companies

Chapter 2 of Part 1 of the Companies Act 1985149

Part 42 of the Companies Act 2006150

Employment agencies

Employment Agencies Act 1973151

Fish and fisheries

Sea Fisheries Act 1868152

Diseases of Fish Act 1937153

Sea Fisheries (Shellfish) Act 1967154

Sea Fish (Conservation) Act 1967155

Sea Fisheries Act 1968156

Conservation of Seals Act 1970157

Fishery Limits Act 1976158

Import of Live Fish (England and Wales) Act 1980159

Fisheries Act 1981160

British Fishing Boats Act 1983161

Diseases of Fish Act 1983162

Diseases of Fish (Control) Regulations 1994163

Fish Health Regulations 1997164

Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005165

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007166

Food standards and safety

Food and Environment Protection Act 1985167

Pesticides Act 1998168

Control of Pesticides Regulations 1986169

Plant Protection (Basic Conditions) Regulations 1997170

Plant Protection Products Regulations 2005171

Detergents Regulations 2005172

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005173

Charges for Residues Surveillance Regulations 2006174

Horticulture

Horticultural Produce Act 1986175

Grading of Horticultural Produce (Amendment) Regulations 1973176

Grading of Horticultural Produce (Forms of Labels) Regulations 1982177

Organic Products (Imports from Third Countries) Regulations 2003178

Organic Products Regulations 2004179

Regulation (EEC) No. 234/68 of the Council on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage180

Council Regulation (EC) No. 2200/96 on the common organization of the market in fruit and vegetables181

Commission Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables182

Commission Regulation (EC) No. 46/2003 amending the marketing standards for fresh fruit and vegetables as regards mixes of different types of fresh fruit and vegetables in the same sales package183

Commission Regulation (EC) No. 47/2003 amending Annex I to Council Regulation (EC) No. 2200/96184

Commission Regulation (EC) No. 48/2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package185

Commission Regulation (EC) No. 408/2003 amending Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables186

Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91187

Insolvency

Part 13 of the Insolvency Act 1986188

Marine transport

Protection of Wrecks Act 1973189

Dangerous Vessels Act 1985190

Aviation and Maritime Security Act 1990191

Merchant Shipping Act 1995192

Railways and Transport Safety Act 2003193

Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984194

Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995195

Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995196

Merchant Shipping (Port State Control) Regulations 1995197

Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996198

Merchant Shipping (Training and Certification) Regulations 1997199

Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997200

Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997201

Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997202

Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997203

Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998204

Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998205

Merchant Shipping (Marine Equipment) Regulations 1999206

Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999207

Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999208

Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001209

Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001210

Merchant Shipping (Hours of Work) Regulations 2002211

Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002212

Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003213

Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003214

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003215

Merchant Shipping (High Speed Craft) Regulations 2004216

Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004217

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004218

Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004219

Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006220

Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006221

Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006222

Medicines

Medicines Act 1968223

Section 27(2) of the Consumer Protection Act 1987224

Medicines Act 1968 (Application to Radiopharmaceutical-Associated Products) Regulations 1992225

Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994226

Medicines (Advertising) Regulations 1994227

Medicines (Monitoring of Advertising) Regulations 1994228

Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994229

Good Laboratory Practice Regulations 1999230

Medical Devices Regulations 2002231

Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003232

Medicines for Human Use (Clinical Trials) Regulations 2004233

Blood Safety and Quality Regulations 2005234

Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005235

Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005236

Plant health

Plant Varieties and Seeds Act 1964237

Plant Health Act 1967238

Plant Varieties Act 1997239

Marketing of Vegetable Plant Material Regulations 1995240

Marketing of Fruit Plant Material Regulations 1995241

Marketing of Ornamental Plant Propagating Material Regulations 1999242

Potatoes Originating in Egypt (England) Regulations 2004243

Protection of animals used for experimental purposes

Animals (Scientific Procedures) Act 1986244

Road transport

Transport Act 1968245

Road Traffic (Foreign Vehicles) Act 1972246

International Carriage of Perishable Foodstuffs Act 1976247

Public Passenger Vehicles Act 1981248

Road Traffic Regulation Act 1984249

Transport Act 1985250

Road Traffic Act 1988251

Road Traffic Offenders Act 1988252

Road Traffic (Driver Licensing and Information Systems) Act 1989253

Radioactive Material (Road Transport) Act 1991254

Vehicle Excise and Registration Act 1994255

Road Traffic (New Drivers) Act 1995256

Goods Vehicles (Licensing of Operators) Act 1995257

Sections 40 to 45 of the Disability Discrimination Act 1995258

Vehicles (Crime) Act 2001259

Section 41 of and paragraph 8 of Schedule 5 to the Police Reform Act 2002260

Road Safety Act 2006261

Passenger and Goods Vehicles (Recording Equipment) Regulations 1979262

Road Transport (International Passenger Services) Regulations 1984263

Goods Vehicles (Community Authorisations) Regulations 1992264

Motor Vehicles (EC Type Approval) Regulations 1998265

Motor Cycles Etc. (EC Type Approval) Regulations 1999266

End-of-Life Vehicles Regulations 2003267

Road Transport (Working Time) Regulations 2005268

Vehicle Drivers (Certificates of Professional Competence) Regulations 2007269

Security of pathogens and toxins

Part 7 of the Anti-Terrorism Crime and Security Act 2001270

Water

Water Industry Act 1991271

Water Resources Act 1991272

Water Act 2003273

Drinking Water (Undertakings) (England and Wales) Regulations 2000274

Water Supply (Water Quality) Regulations 2000275

Water Supply (Water Quality) (Amendment) Regulations 2001276

Water Supply (Water Quality) Regulations 2001277

Weights and measures

Weights and Measures Act 1985278

Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975279

Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977280

Taximeters (EEC Requirements) Regulations 1979281

Measuring Instruments (EEC Requirements) Regulations 1988282

Non-automatic Weighing Instruments Regulations 2000283

Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006284

Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006285

Measuring Instruments (Automatic catchweighers) Regulations 2006286

Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006287

Measuring Instruments (Beltweighers) Regulations 2006288

Measuring Instruments (Capacity Serving Measures) Regulations 2006289

Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006290

Measuring Instruments (Material Measures of Length) Regulations 2006291

Measuring Instruments (Cold-water Meters) Regulations 2006292

Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 2006293

Measuring Instruments (Non-prescribed Instruments) Regulations 2006294

Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006295

Measuring Instruments (Exhaust Gas Analysers) Regulations 2006296

Measuring Instruments (Taximeters) Regulations 2006297

Wildlife

Endangered Species (Import and Export) Act 1976298

Birds (Registration Charges) Act 1997299

Control of Trade in Endangered Species (Enforcement) Regulations 1997300

Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein301

Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein302

I6PART 3

Annotations:
Commencement Information
I6

Sch. Pt. 3 in force at 6.4.2008, see art. 1(1)

All the regulatory functions so far as exercisable by local authorities under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under those enactments)—

Agriculture

Game Act 1831303

Ground Game Act 1880304

Prevention of Damage by Pests Act 1949305

Pests Act 1954306

Agriculture and Horticulture Act 1964307

Plant Health Act 1967308

Agriculture Act 1967309

Agriculture (Miscellaneous Provisions) Act 1968310

Agriculture Act 1970311

Disease Control (England) Order 2003312

Organic Products (Imports from Third Countries) Regulations 2003313

Organic Products Regulations 2004314

Cattle Identification Regulations 2007315

Animal health and welfare

Dogs Act 1906316

Protection of Animals Act 1911317

Performing Animals (Regulation) Act 1925318

Pet Animals Act 1951319

Animal Boarding Establishments Act 1963320

Breeding of Dogs Act 1973321

Animal Health Act 1981322

Animal Health and Welfare Act 1984323

Protection Against Cruel Tethering Act 1988324

Welfare of Animals at Slaughter Act 1991325

Breeding of Dogs Act 1991326

Breeding and Sale of Dogs (Welfare) Act 1999327

Animal Welfare Act 2006328

Welfare of Animals (Slaughter or Killing) Regulations 1995329

Registration of Establishments (Laying Hens) (England) Regulations 2003330

Horse Passports (England) Regulations 2004331

Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006332

Animals and Animal Products (Import and Export) (England) Regulations 2006333

Avian Influenza (Preventive Measures) (England) Regulations 2006334

Avian Influenza (Vaccination) (England) Regulations 2006335

Products of Animal Origin (Third Country Imports) (England) Regulations 2006336

Veterinary Medicines Regulations 2007337

Anti-social behaviour

Theft Act 1968338

Theft Act 1978339

Malicious Communications Act 1988340

Parts 5, 7 and 12 of the Criminal Justice and Public Order Act 1994341

Protection from Harassment Act 1997342

Part 1 of the Criminal Justice and Police Act 2001343

Anti-social Behaviour Act 2003344

Part 4 of the Serious Organised Crime and Police Act 2005345

Violent Crime Reduction Act 2006346

Charities

Charities Act 1993347

Charities Act 2006348

Children

Part 1 of the Children and Young Persons Act 1933349

Part 2 of the Children and Young Persons Act 1963350

Children and Young Persons (Protection from Tobacco) Act 1991351

Companies

Part 11 of the Companies Act 1985352

Business Names Act 1985353

Consumer and business protection

Agricultural Produce (Grading and Marking) Act 1928354

Cancer Act 1939355

Accommodation Agencies Act 1953356

Trading Representations (Disabled Persons) Act 1958357

Scrap Metal Dealers Act 1964358

Veterinary Surgeons Act 1966359

Farm and Garden Chemicals Act 1967360

Trade Descriptions Act 1968361

Medicines Act 1968362

Section 40 of the Administration of Justice Act 1970363

Unsolicited Goods and Services Act 1971364

Supply of Goods (Implied Terms) Act 1973365

Fair Trading Act 1973366

Hallmarking Act 1973367

Prices Act 1974368

Consumer Credit Act 1974369

Solicitors Act 1974370

Farriers (Registration) Act 1975371

Unfair Contract Terms Act 1977372

Sale of Goods Act 1979373

Forgery and Counterfeiting Act 1981374

Supply of Goods and Services Act 1982375

Intoxicating Substances (Supply) Act 1985376

Consumer Protection Act 1987377

Scotch Whisky Act 1988378

Opticians Act 1989379

Parts 4 and 6 of the Courts and Legal Services Act 1990380

Timeshare Act 1992381

Osteopaths Act 1993382

National Lottery etc. Act 1993383

Sunday Trading Act 1994384

Disability Discrimination Act 1995385

Part 8 of the Enterprise Act 2002386

Christmas Day (Trading) Act 2004387

Fraud Act 2006388

Crystal Glass (Descriptions) Regulations 1973

Aerosol Dispensers (EEC Requirements) Regulations 1977389

Alcohol Tables Regulations 1979390

Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987391

Package Travel, Package Holidays and Package Tours Regulations 1992392

Footwear (Indication of Composition) Labelling Regulations 1995393

Unfair Terms in Consumer Contracts Regulation 1999394

Consumer Protection (Distance Selling) Regulations 2000395

Sale and Supply of Goods to Consumers Regulations 2002396

Biofuel (Labelling) Regulations 2004397

Re-use of Public Sector Information Regulations 2005398

General Product Safety Regulations 2005399

Textile Products (Determination of Composition) Regulations 2006400

Electromagnetic Compatibility Regulations 2006401

Education

Sections 214 and 215 of the Education Reform Act 1988402

Employment agencies

Employment Agencies Act 1973403

Entertainment

Theatres Act 1968404

Video Recordings Act 1984405

Cinemas Act 1985406

Environment

Petroleum (Consolidation) Act 1928407

Weeds Act 1959408

Countryside Act 1968409

Control of Pollution Act 1974410

Energy Act 1976411

Wildlife and Countryside Act 1981412

Litter Act 1983413

Food and Environment Protection Act 1985414

Motorcycle Noise Act 1987415

Environment and Safety Information Act 1988416

Control of Pollution (Amendment) Act 1989417

Environmental Protection Act 1990418

Noise and Statutory Nuisance Act 1993419

Environment Act 1995420

Noise Act 1996421

Pollution Prevention and Control Act 1999422

Clean Neighbourhoods and Environment Act 2005423

Energy Information (Washing Machines) Regulations 1996424

Energy Information (Tumble Driers) Regulations 1996425

Energy Information (Combined Washer-driers) Regulations 1997426

Energy Information (Lamps) Regulations 1999427

Non-Road Mobile Machinery (Emissions of Gaseous and Particulate Pollutants) Regulations 1999428

Energy Information (Dishwashers) Regulations 1999429

Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001430

Energy Information (Household Electric Ovens) Regulations 2003431

Packaging (Essential Requirements) Regulations 2003432

Energy Information (Household Refrigerators and Freezers) Regulations 2004433

Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004434

Energy Information (Household Air Conditioners) (No. 2) Regulations 2005435

Estate agents

Estate Agents Act 1979436

Property Misdescriptions Act 1991437

Fish and fisheries

Sea Fisheries Regulation Act 1966438

Food standards and safety

Slaughter of Poultry Act 1967439

Slaughterhouses Act 1974440

Food Act 1984441

Food Safety Act 1990442

Food Standards Act 1999443

Charges for Residues Surveillance Regulations 2006444

Housing

Parts 8, 9 and 10 of the Housing Act 1985445

Part 8 of the Housing Act 1996446

Parts 2 to 5 of the Housing Act 2004447

Intellectual property

Copyright, Designs and Patents Act 1988448

Trade Marks Act 1994449

Olympic Symbol etc (Protection) Act 1995450

Licensing

Pedlars Act 1871451

Petroleum (Transfer of Licences) Act 1936452

House to House Collections Act 1939453

Hypnotism Act 1952454

Caravan Sites and Control of Development Act 1960455

Riding Establishments Act 1964456

Riding Establishments Act 1970457

Local Government (Miscellaneous Provisions) Act 1976458

Zoo Licensing Act 1981459

Local Government (Miscellaneous Provisions) Act 1982460

London Local Authorities Act 1990461

London Local Authorities Act 1991462

London Local Authorities Act 1994463

London Local Authorities Act 1995464

London Local Authorities Act 1996465

Private Hire Vehicles (London) Act 1998466

London Local Authorities Act 2000467

Licensing Act 2003468

London Local Authorities Act 2004469

Gambling Act 2005470

London Local Authorities Act 2007471

Public health and safety

Town Police Clauses Act 1847472

Explosives Act 1875473

Police, Factories, etc (Miscellaneous Provisions) Act 1916474

Celluloid and Cinematograph Film Act 1922475

Explosives Act 1923476

Public Health Act 1936477

Agriculture (Miscellaneous Provisions) Act 1954478

Mines and Quarries Act 1954479

Factories Act 1961480

Public Health Act 1961481

London Government Act 1963482

Office, Shops and Railway Premises Act 1963483

Firearms Act 1968484

Mines and Quarries (Tips) Act 1969485

Defective Premises Act 1972486

Poisons Act 1972487

Part 9 of the Local Government Act 1972488

Health and Safety at Work etc. Act 1974489

Guard Dogs Act 1975490

Safety at Sports Grounds Act 1975491

Explosives (Age of Purchase &c.) Act 1976492

Dangerous Wild Animals Act 1976493

Refuse Disposal (Amenity) Act 1978494

Firearms Act 1982495

Part 2 of the Local Government Act 1985496

Fire Safety and Safety of Places of Sport Act 1987497

Crossbows Act 1987498

Part 4 of the Local Government Act 1988499

Dangerous Dogs Act 1991500

Offshore Safety Act 1992501

Clean Air Act 1993502

Knives Act 1997503

Part 1 of the Local Government Act 2000504

Private Security Industry Act 2001505

Tobacco Advertising and Promotion Act 2002506

Fireworks Act 2003507

London Olympic Games and Paralympic Games Act 2006508

Part 1 of the Health Act 2006509

Electro-Medical Equipment (EEC Requirements) Regulations 1988510

Construction Products Regulations 1991511

Simple Pressure Vessels (Safety) Regulations 1991512

Supply of Machinery (Safety) Regulations 1992513

Electrical Equipment (Safety) Regulations 1994514

Gas Appliances (Safety) Regulations 1995515

Pressure Equipment Regulations 1999516

Medical Devices Regulations 2002517

Personal Protective Equipment Regulations 2002518

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002519

Recreational Craft Regulations 2004520

Medicines (Advertising) Amendment Regulations 2004521

Regulatory Reform (Fire Safety) Order 2005522

Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005523

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005524

Controls on Dangerous Substances and Preparations Regulations 2006525

Road transport

Road Traffic (Foreign Vehicles) Act 1972526

Highways Act 1980527

Public Passenger Vehicles Act 1981528

Transport Act 1981529

Road Traffic Act 1988530

Road Traffic Act (Consequential Provisions) Act 1988531

Road Traffic Act 1991532

Vehicles (Crime) Act 2001533

Traffic Management Act 2004534

Water

Water Industry Act 1991535

Water Resources Act 1991536

Weights and measures

Weights and Measures etc Act 1976537

Weights and Measures Act 1985538

Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975539

Measuring Container Bottles (EEC Requirements) Regulations 1977540

Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977541

Taximeters (EEC Requirements) Regulations 1979542

Measuring Instruments (EEC Requirements) Regulations 1988543

Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988544

Units of Measurement Regulations 1995545

Non-automatic Weighing Instruments Regulations 2000546

Weights and Measures (Packaged Goods) Regulations 2006547

Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006548

Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006549

Measuring Instruments (Automatic catchweighers) Regulations 2006550

Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006551

Measuring Instruments (Beltweighers) Regulations 2006552

Measuring Instruments (Capacity Serving Measures) Regulations 2006553

Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006554

Measuring Instruments (Material Measures of Length) Regulations 2006555

Measuring Instruments (Cold-water Meters) Regulations 2006556

Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 2006557

I8PART 4

Annotations:
Commencement Information
I8

Sch. Pt. 4 in force at 6.4.2008, see art. 1(1)

All the regulatory functions so far as exercisable by local authorities conferred by secondary legislation made under section 2(2) of the European Communities Act 1972558 in relation to food hygiene, food standards and animal feed.

EXPLANATORY NOTE

(This note is not part of the Order)

Section 21 of the Legislative and Regulatory Reform Act 2006559 (the “Act”) imposes a duty on any person exercising a specified regulatory function to have regard to the five principles of good regulation. The principles provide that regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent and should be targeted only at cases in which action is needed.

Section 22 of the Act enables a Minister of the Crown to issue a Code of Practice relating to the exercise of regulatory functions (the “Regulators’ Compliance Code”). This section imposes a duty on any person exercising a specified regulatory function to have regard to the Regulators’ Compliance Code when determining general policies or principles by reference to which that person exercises those functions.

Under section 22(3) of the Act, where a person exercises a regulatory function of setting standards or giving general guidance about the exercise of other regulatory functions, the duty to have regard to the Regulators’ Compliance Code applies directly to the exercise of that function of setting standards or giving general guidance.

This Order specifies the regulatory functions to which the duties in section 21 and 22 apply. Part 1 of the Schedule specifies the regulatory functions exercisable by relevant statutory regulators. Part 2 specifies the relevant regulatory functions exercisable by a Minister of the Crown. Parts 3 and 4 specify the relevant regulatory functions exercisable by local authorities.

A copy of the Regulators’ Compliance Code and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the Better Regulation Executive, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET. The full impact assessment is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.