2009 No. 669
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.
SCHEDULE 1
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
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
PART 6
Energy Act 1976 97
PART 7
Disability Discrimination Act 1995 98
SCHEDULE 2
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
(This note is not part of the Order)