2009 No. 669

Regulatory Reform

The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred by section 24(1) of the Regulatory Enforcement and Sanctions Act 20081.

Citation, commencement and interpretation

1

This Order may be cited as the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 and comes into force on 6th April 2009.

2

In this Order “the Act” means the Regulatory Enforcement and Sanctions Act 2008.

Regulatory functions

3

1

The following are specified in relation to a local authority in Scotland—

a

any regulatory function exercised by that authority under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, and

b

any regulatory function exercised by that authority which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.

2

In paragraph (1) “relevant enactment” means an enactment specified in Schedule 1 or an enactment made under such an enactment.

3

In paragraph (1) “regulatory function” means, in relation to a relevant enactment specified in—

a

Part 1 of Schedule 1, any function;

b

Part 2 of Schedule 1, any function which relates to the protection of consumers;

c

Part 3 of Schedule 1, any function which relates to the granting of licences or permits under those enactments;

d

Part 4 of Schedule 1, any function which relates to product safety, compliance with standards, product labelling or weights and measures;

e

Part 5 of Schedule 1, any function which relates to the regulation of business associations;

f

Part 6 of Schedule 1, any function which relates to price indications;

g

Part 7 of Schedule 1, any function which does not relate to the encouragement of and observance of equal opportunities requirements.

4

Paragraph (1) shall not apply if or to the extent that a specified function relates to matters which are not reserved matters.

4

1

The following are specified in relation to a local authority in Northern Ireland—

a

any regulatory function exercised by that authority under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, and

b

any regulatory function exercised by that authority which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.

2

In paragraph (1) “relevant enactment” means—

a

an enactment specified in Schedule 2 or an enactment made under such an enactment; and

b

an enactment made under section 2(2) of the European Communities Act 19722 with respect to

i

the safety of consumers in relation to goods, or

ii

technical standards derived from European Community law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides).

3

In paragraph (1) “regulatory function” means any function in relation to a relevant enactment set out in Schedule 2.

4

Paragraph (1) shall not apply if or to the extent that a specified function relates to matters which are transferred matters.

Stephen CarterMinister for Communications, Technology and BroadcastingDepartment for Business, Enterprise and Regulatory Reform

SCHEDULE 1

Article 3

PART 1

  • Offices, Shops and Railway Premises Act 19633

  • Firearms Act 19684

  • Medicines Act 1968 (section 109)5

  • Unsolicited Goods and Services Act 19716

  • Poisons Act 1972 (section 9)7

  • Health and Safety at Work, etc Act 19748

  • Consumer Credit Act 19749

  • Firearms Act 198210

  • Video Recordings Act 198411

  • Copyright, Designs and Patents Act 1988 (sections 107A and 198A)12

  • Timeshare Act 199213

  • Trade Marks Act 199414

  • Olympic Symbol etc (Protection) Act 199515

PART 2

  • Explosives Act 187516

  • Trade Descriptions Act 196817

  • Development of Tourism Act 196918

  • Supply of Goods (Implied Terms) Act 197319

  • Fair Trading Act 197320

  • Hallmarking Act 197321

  • Prices Act 197422

  • Energy Act 197623

  • Weights and Measures etc Act 197624

  • Unfair Contract Terms Act 197725

  • Estate Agents Act 197926

  • Sale of Goods Act 197927

  • Public Passenger Vehicles Act 198128

  • Supply of Goods and Services Act 198229

  • Motor Cycle Noise Act 198730

  • Consumer Protection Act 198731

  • Education Reform Act 198832

  • Property Misdescriptions Act 199133

  • Enterprise Act 2002, Part 834

  • Fireworks Act 200335

  • Crystal Glass (Descriptions) Regulations 197336

  • Alcohol Tables Regulations 197937

  • Package Travel, Package Holidays and Package Tours Regulations 199238

  • Medicines (Advertising) Regulations 199439

  • Unfair Terms in Consumer Contracts Regulations 199940

  • Consumer Protection (Distance Selling) Regulations 200041

  • Sale and Supply of Goods to Consumers Regulations 200242

  • Consumer Protection from Unfair Trading Regulations 200843

  • any enactment to which section 4(3) of the Act applies with respect to a matter specified in paragraph (d) of that subsection

PART 3

  • Cinemas Act 1985 (sections 1 to 3 and 5 to 16)44

  • Road Traffic Act 1988 (the whole Act except sections 39 to 40 and 157 to 159)45

  • Gambling Act 200546

PART 4

  • Weights and Measures Act 198547

  • Calibration of Tanks and Vessels (EEC Requirements) Regulations 197548

  • Measuring Container Bottles (EEC Requirements) Regulations 197749

  • Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 197750

  • Aerosol Dispensers (EEC Requirements) Regulations 197751

  • Taximeters (EEC Requirements) Regulations 197952

  • Measuring Instruments (EEC Requirements) Regulations 198853

  • Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 198854

  • Simple Pressure Vessels (Safety) Regulations 199155

  • Supply of Machinery (Safety) Regulations 199256

  • Electrical Equipment (Safety) Regulations 199457

  • Units of Measurement Regulations 199558

  • Footwear (Indication of Composition) Labelling Regulations 1995 59

  • Gas Appliances (Safety) Regulations 199560

  • Toys (Safety) Regulations 199561

  • Energy Information (Washing Machines) Regulations 199662

  • Energy Information (Tumble Driers) Regulations 199663

  • Energy Information (Combined Washer-driers) Regulations 199764

  • Energy Information (Lamps) Regulations 199965

  • Energy Information (Dishwashers) Regulations 199966

  • Pressure Equipment Regulations 199967

  • Non-automatic Weighing Instruments Regulations 200068

  • Medical Devices Regulations 200269

  • Personal Protective Equipment Regulations 200270

  • Chemicals (Hazard Information and Packaging for Supply) Regulations 200271

  • Energy Information (Household Electric Ovens) Regulations 200372

  • Controls on Certain Azo Dyes and “Blue Colourant” Regulations 200373

  • Creosote (Prohibition on Use and Marketing) (No 2) Regulations 200374

  • Energy Information (Household Refrigerators and Freezers) Regulations 200475

  • Biofuel (Labelling) Regulations 200476

  • Recreational Craft Regulations 200477

  • Medicines (Traditional Herbal Medicinal Products for human use) Regulations 200578

  • Energy Information (Household Air Conditioners) (No 2) Regulations 200579

  • General Product Safety Regulations 200580

  • Weights and Measures (Packaged Goods) Regulations 200681

  • Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 200682

  • Measuring Instruments (Automatic Rail-weighbridges) Regulations 200683

  • Measuring Instruments (Automatic Catchweighers) Regulations 200684

  • Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 200685

  • Measuring Instruments (Beltweighers) Regulations 200686

  • Measuring Instruments (Capacity Serving Measures) Regulations 200687

  • Measuring Instruments (Liquid Fuel and Lubricants) Regulations 200688

  • Measuring Instruments (Material Measures of Length) Regulations 200689

  • Measuring Instruments (Cold-water Meters) Regulations 200690

  • Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 200691

  • Electromagnetic Compatibility Regulations 200692

  • Textile Products (Determination of Composition) Regulations 200893

  • Cosmetic Products (Safety) Regulations 200894

  • any enactment to which section 4(3) of the Act applies with respect to a matter specified in paragraph (h) of that subsection.

PART 5

  • Companies Act 198595, Part XI

  • Business Names Act 198596

PART 6

  • Energy Act 1976 97

PART 7

  • Disability Discrimination Act 1995 98

SCHEDULE 2

Article 4

PART 1

  • Consumer Protection Act 1987(Parts II and III) 99

PART 2

  • Construction Products Regulations 1991100

  • Simple Pressure Vessels (Safety) Regulations 1991101

  • Supply of Machinery (Safety) Regulations 1992102

  • Electrical Equipment (Safety) Regulations 1994103

  • Toys (Safety) Regulations 1995104

  • Gas Appliances (Safety) Regulations 1995105

  • Pressure Equipment Regulations 1999106

  • Medical Devices Regulations 2002107

  • Personal Protective Equipment Regulations 2002108

  • Recreational Craft Regulations 2004109

  • Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005110

  • General Product Safety Regulations 2005111

  • Cosmetic Products (Safety) Regulations 2008112

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies regulatory functions exercisable by local authorities in Scotland and Northern Ireland to which Part 2 of the Act applies.

Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (2008 c.13) (the “Act”) enables persons that carry on an activity in the area of two or more local authorities where each authority has the same regulatory function in respect of that person to have a single local authority nominated as the “primary authority” for the exercise of that regulatory function. The primary authority has the function of giving advice and guidance to the regulated person in relation to the regulatory function and to other local authorities as to how they should exercise the regulatory function in relation to that person. In certain circumstances, the primary authority can prevent enforcement action by other local authorities in respect of the regulated person.

Section 24 of the Act enables the Secretary of State to make an order specifying the regulatory functions exercisable by local authorities in Scotland and Northern Ireland to which Part 2 of the Act will apply. Such an order may not specify a regulatory function, so far as exercisable in Scotland, if or to the extent that the function relates to matters that are not reserved matters, and so far as exercisable in Northern Ireland, if or to the extent that that the function relates to matters that are transferred matters.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business, Enterprise and Regulatory Reform, Bay 3134, 1 Victoria Street, London, SW1H 0ET and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.