2017 No. 267
Regulatory Reform
The Economic Growth (Regulatory Functions) Order 2017
Made
Coming into force in accordance with regulation 1
The Secretary of State makes the following Order in exercise of the powers conferred by section 109(1) of the Deregulation Act 20151.
In accordance with section 109(2) of that Act, the Secretary of State has consulted the persons whose functions are specified in this Order and such other persons as the Secretary of State considered appropriate.
In accordance with section 109(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement1.
This Order may be cited as the Economic Growth (Regulatory Functions) Order 2017 and comes into force on the twenty first day after the day on which they are made.
Regulatory functions2.
(1)
Section 108 of the Deregulation Act 2015 (exercise of regulatory functions: economic growth) applies to the regulatory functions specified in the Schedule.
(2)
Paragraph (1) does not apply to any regulatory function exercisable under an Act to make subordinate legislation.
(3)
Paragraph (1) does not apply to any regulatory function—
(a)
so far as exercisable in Scotland, if or to the extent that the functions relate to matters which are not reserved matters;
(b)
so far as exercisable in Northern Ireland, if or to the extent that the function relate to matters which are transferred matters; or
(c)
so far as exercisable in Wales, if or to the extent that the function relates to matters which are devolved Welsh matters.
Prior
Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
SCHEDULE
PART 1
All the regulatory functions exercisable by—
British Hallmarking Council2
Care Quality Commission3
Charity Commission for England and Wales4
Civil Aviation Authority5 other than any regulatory function under—
- Part 1 (air traffic) of the Transport Act 20006
- Part 1 (airports) of the Civil Aviation Act 20127
- the Airports (Groundhandling) Regulations 19978
- the Civil Aviation (Allocation of Scarce Capacity) Regulations 20079
- the Airport Charges Regulations 201110
Coal Authority11
Commissioners of Irish Lights
Comptroller-General of Patents, Designs and Trade Marks12
Director of Fair Access to Higher Education13
Environment Agency14
Financial Reporting Council Limited15
Food Standards Agency16
Forestry Commissioners17
Gambling Commission18 other than any regulatory function under—
- the National Lottery etc. Act 199319
- Part 3 (National Lottery: Olympic Lotteries) of the Horserace Betting and Olympic Lottery Act 2004 20
Gangmasters and Labour Abuse Authority21
Groceries Code Adjudicator22
Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)23
Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)24
Health and Safety Executive25
Her Majesty’s Land Registry26
Higher Education Funding Council for England29
Historic Buildings and Monuments Commission for England30
Homes and Communities Agency31
Human Fertilisation and Embryology Authority32
Human Tissue Authority33
Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)34
Information Commissioner35 other than any regulatory function under the Freedom of Information Act 200036
Marine Management Organisation37
Natural England38
Northern Lighthouse Board
Office for Nuclear Regulation39
Office for Standards in Education, Children’s Services and Skills40
Office of Qualifications and Examinations Regulation41 other than any regulatory function which concerns a fee capping condition under sections 132 to 136 of the Apprenticeships, Skills, Children and Learning Act 200942
Office of Rail and Road43 in connection with railway safety purposes (within the meaning of Schedule 3 to the Railways Act 200544) that are exercisable under or by virtue of—
Oil and Gas Authority47
Registrars of companies48
Regulator of Community Interest Companies49
Security Industry Authority50
Sports Grounds Safety Authority51
Traffic Commissioners52
The Trinity House (as defined in section 223(1) of the Merchant Shipping Act 1995)53
Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)54
PART 2
All the regulatory functions exercisable by—
a person appointed by the Secretary of State under section 86(1) or (1A) of the Water Industry Act 199155
a body designated by the Secretary of State under section 1252 of the Companies Act 200656
a person authorised by the Secretary of State under section 457 of the Companies Act 200657
PART 3
All the regulatory functions, other than a regulatory function exercisable in relation to a general customs matter within the meaning of section 1(2) of the Borders, Citizenship and Immigration Act 2009 (general customs functions of the Secretary of State)58, exercisable by a Minister of the Crown pursuant to the following EU instruments or under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under these enactments)—
Agriculture
Sections 98 to 101 and 106 of the Agriculture Act 194759
Pests Act 195460
Weeds Act 195961
Agriculture and Horticulture Act 196462
Dairy Produce Quotas (General Provisions) Regulations 200263
Dairy Produce Quotas Regulations 200564
Cattle Identification Regulations 200765
Official Feed and Food Controls (England) Regulations 200966
Beef and Pig Carcase Classification (England) Regulations 201067
Beef and Veal Labelling Regulations 201068
Conservation of Habitats and Species Regulations 201069
Environmental Permitting (England & Wales) Regulations 201070
Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs71
Animal health and welfare
Destructive Imported Animals Act 193272
Conservation of Seals Act 197073
Bees Act 198074
Animal Health Act 198175
Wildlife and Countryside Act 198176
Zoo Licensing Act 198177
Animal Health and Welfare Act 198478
Protection of Badgers Act 199279
Animal Welfare Act 200680
Registration of Establishments (Laying Hens) (England) Regulations 200381
Avian Influenza (Preventive Measures) (England) Regulations 200682
Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 200683
Official Controls (Animals, Feed, and Food) (England) Regulations 200684
Bluetongue Regulations 200885
Eggs and Chicks Regulations (England) 200986
Transmissible Spongiform Encephalopathies (England) Regulations 201087
Non-Commercial Movement of Pet Animals Order 201188
Trade in Animal and Related Products Regulations 201189
Veterinary Medicines Regulations 201390
Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 201591
Regulation (EC) No 1831/2003 of the European Parliament and of the Council of additives for use in animal nutrition92
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 64/452/EEC93
Regulation (EC) No 882/2004 of the European Parliament and Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules94
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 equidae95
Commission Regulation EC 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs96
Commission Regulation EC No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards of eggs for hatching and farmyard poultry chicks97
Commission Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products98
Claims Management Services
Part 2 (claims management services) of the Compensation Act 200699
Companies and other businesses
Parts 5 (a company’s name), 41 (business names) and 42 (statutory auditors) of the Companies Act 2006100
Employment
Fish and fisheries
Sea Fisheries (Shellfish) Act 1967103
Sea Fisheries Act 1968104
Fishery Limits Act 1976105
Import of Live Fish (England and Wales) Act 1980106
Fisheries Act 1981107
Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005108
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007109 other than any regulatory function in Part 5 (licences) exercisable in connection with the licensing of anything done in the course of carrying on an activity specified in regulation 49(16), sub-paragraphs (a) to (f) and those in Part 6 (enforcement and supplementary provision relating to criminal offences) concerning the enforcement of these regulations as they apply in respect of the activities specified in regulation 49(16), sub-paragraphs (a) to (f), including the appointment of wildlife officers for this purpose
Aquatic Animal Health (England and Wales) Regulations 2009110
Food standards and safety
Horticulture
Insolvency
Part 13 (insolvency practitioners and their qualification) of the Insolvency Act 1986120
Marine transport
Harbours Act 1964121
Hovercraft Act 1968122
Protection of Wrecks Act 1973123
Dangerous Vessels Act 1985124
Aviation and Maritime Security Act 1990125
Merchant Shipping Act 1995126 other than any regulatory function in Part VI (prevention of pollution) (or enactments made thereunder) when exercised in connection with ships which are offshore installations within the meaning of that Act or any regulatory function in Part X (enforcement officers and powers) of that Act exercisable in connection with the appointment of inspectors in relation to offshore installations
Railways and Transport Safety Act 2003127
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984128
Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995129
Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995130
Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997131
Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997132
Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997133
Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999134
Merchant Shipping (Marine Equipment) Regulations 1999135
Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001136
Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002137
Merchant Shipping (Hours of Work) Regulations 2002138
Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003139
Merchant Shipping (Working Time: Inland Waterways) Regulations 2003140
Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004141
Merchant Shipping (High Speed Craft) Regulations 2004142
Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004143
Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006144
Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007145
Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007146
Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007147
Medicines
Medicines Act 1968148
Good Laboratory Practice Regulations 1999149
Medical Devices Regulations 2002150
Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003151
Medicines for Human Use (Clinical Trials) Regulations 2004152
Blood Safety and Quality Regulations 2005153
Human Medicines Regulations 2012154
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 Agency155
Regulation (EC) No 1901/2006 of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004156
Outer Space
Outer Space Act 1986157
Plant health
Plant Varieties and Seeds Act 1964158
Plant Health Act 1967159
Plant Varieties Act 1997160
Marketing of Vegetable Plant Material Regulations 1995161
Marketing of Ornamental Plant Propagating Material Regulations 1999162
Potatoes Originating in Egypt (England) Regulations 2004163
Marketing of Fruit Plant Material Regulations 2010164
Seed Marketing Regulations 2011165
Road transport
Part 6 (drivers’ hours) of the Transport Act 1968166
Road Traffic (Foreign Vehicles) Act 1972167
International Carriage of Perishable Foodstuffs Act 1976168
Public Passenger Vehicles Act 1981169
Transport Act 1982170
Road Traffic Regulation Act 1984171
Transport Act 1985172
Parts 2 (construction and use of vehicles and equipment), 3 (licensing of drivers of vehicles), 4 (licensing of drivers of large goods vehicles and passenger-carrying vehicles), 5 (driving instruction), 6 (third-party liabilities) and 7 (miscellaneous and general) of the Road Traffic Act 1988173
Transport Act 2000174
Vehicles (Crime) Act 2001175
Sections 174 to 181 of the Equality Act 2010176
Motor Vehicles (International Circulation) Order 1975177
Passenger and Goods Vehicles (Recording Equipment) Regulations 1979178
Road Transport (International Passenger Services) Regulations 1984179
Goods Vehicles (Licensing of Operators) Regulations 1995180
Goods Vehicles (Licensing of Operators) Act 1995181
Motor Cycles Etc. (EC Type Approval) Regulations 1999182
End-of-Life Vehicles Regulations 2003183
Road Transport (Working Time) Regulations 2005184
Vehicle Drivers (Certificates of Professional Competence) Regulations 2007185
Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009186
Road Vehicles (Approval) Regulations 2009187
Weights and measures
Wildlife
Endangered Species (Import and Export) Act 1976190
Birds (Registration Charges) Act 1997191
Control of Trade in Endangered Species (Enforcement) Regulations 1997192
Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein193
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 therein194
Miscellaneous
Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012195
EXPLANATORY NOTE
(This note is not part of the Order)
Section 108 of the Deregulation Act 2015 (c.20) (the “Act”) imposes a duty on any person exercising a regulatory function to have regard to the desirability of promoting economic growth.
Section 109 of the Act provides that by order, a Minister of the Crown may specify the regulatory functions to which the duty in section 108 applies. The term “regulatory function” is defined in section 111 of the Act.
This Order specifies regulatory functions to which the duties in Section 108 apply. Part 1 of the Schedule specifies regulatory functions exercisable by specified named regulators. Part 2 of the Schedule specifies regulatory functions exercisable by regulators who are not named but are included by virtue of legislation under which they exercise regulatory functions. Part 3 specifies regulatory functions exercisable by a Minister of the Crown.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at https://www.gov.uk/government/consultations/business-impact-target-growth-duty-and-small-business-appeals-champion.