2017 No. 267

Regulatory Reform

The Economic Growth (Regulatory Functions) Order 2017

Made8th March 2017

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.

F1Sunset in relation to Part 1 of the Schedule: certain functions of the Office of Communications3.

In Part 1 of the Schedule, in relation to the Office of Communications, the words “any regulatory function which is an online safety function within the meaning of section 235 of the Online Safety Act 2023” cease to have effect from the end of 5th April 2026.

Prior

Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

SCHEDULE

Article 2(1)

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

F2...

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

F3Gas and Electricity Markets Authority other than any regulatory function which is exercisable concurrently with the Competition and Markets Authority by virtue of—

section 36A of the Gas Act 1986
section 43 of the Electricity Act 1989

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

Her Majesty’s Revenue and Customs27 under or by virtue of F4the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

F2...

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

F5Office for Students

F6Office of Communications other than any regulatory function—

under Part 3 of the Enterprise Act 2002
which is exercisable concurrently with the Competition and Markets Authority by virtue of section 370 or 371 of the Communications Act 2003
which is an online safety function within the meaning of section 235 of the Online Safety Act 2023

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—

the Railways Act 199345;
the Railways Act 2005; or
the Health and Safety at Work etc Act 197446.

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

F7Water Services Regulation Authority other than any regulatory function which is exercisable concurrently with the Competition and Markets Authority by virtue of section 31 of the Water Industry Act 1991

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

F8Conservation of Habitats and Species Regulations 2017

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

F9Part 2 of the Financial Guidance and Claims Act 2018 (Claims Management Services)

Companies and other businesses

Parts 5 (a company’s name), 41 (business names) and 42 (statutory auditors) of the Companies Act 2006100

Employment

Employment Agencies Act 1973101

National Minimum Wage Act 1998 other than any regulatory function under sections 5 to 8102

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

Food and Environment Protection Act 1985111

Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008112

Detergents Regulations 2010113

Plant Protection Products Regulations 2011114

Plant Protection Products (Sustainable Use) Regulations 2012/1657115

Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013116

Horticulture

Horticultural Produce Act 1986117

Marketing of Fresh Horticultural Produce Regulations 2009118

Organic Products Regulations 2009119

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

F10...

F11Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024

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

F12Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC

F13Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU

Medical Devices (Northern Ireland Protocol) Regulations 2021

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

F14Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

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

F15Road Vehicles (Approval) Regulations 2020

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles

Weights and measures

Weights and Measures Act 1985188

Measuring Instruments (Cold-water Meters) Regulations 2006189

Wildlife

Endangered Species (Import and Export) Act 1976190

Birds (Registration Charges) Act 1997191

F16...

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

F17Control of Trade in Endangered Species Regulations 2018

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.