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

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.