Draft Order laid before Parliament under section 24(9) of the Legislative and Regulatory Reform Act 2006, for approval by resolution of each House of Parliament.

This draft Order supersedes the draft Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 laid before Parliament on 4 June 2009 and is being issued free of charge to all known recipients of that draft Statutory Instrument.

2009 No. 0000

Regulatory Reform

The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009

Made

Coming into force

The Minister for Communications, Technology and Broadcasting makes the following Order in exercise of the power conferred by section 24(2) of the Legislative and Regulatory Reform Act 20061.

In accordance with section 24(6) of that Act, the Minister has consulted the persons whose functions are specified in this Order and such other persons as the Minister considered appropriate.

In accordance with section 24(9) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Citation, Commencement and Interpretation1

1

This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 and comes into force on 1st October 2009.

2

In this Order, “the 2007 Order” means the Legislative and Regulatory Reform (Regulatory Functions) Order 20072.

Amendment of the 2007 Order

2

The 2007 Order is amended as set out in the following articles.

3

In article 1(2), omit “and” at the end of paragraph (f) and at the end insert—

h

a county or county borough council in Wales;

i

a fire and rescue authority in Wales (not being a county or county borough council); and

j

a port health authority in Wales (not being a county or county borough council);

  • “local authority in Scotland” means a council constituted under section 2 of the Local Government etc (Scotland) Act 19943;

  • “local authority in Northern Ireland” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 19724;

  • “private sector bodies” means bodies or persons other than the following bodies or persons—

    1. a

      any Minister of the Crown, Government department or other emanation of the Crown;

    2. b

      any local authority;

    3. c

      the Greater London Authority;

    4. d

      any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority, the Greater London Authority, or by a body corporate whose members are so appointed;

    5. e

      a company—

      1. i

        a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

      2. ii

        in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

      3. iii

        a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

      4. iv

        in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

    6. f

      a subsidiary of a company falling within paragraph (e) above;

  • “third sector bodies” means any organisations that exist wholly or mainly to provide benefits for society or the environment.

4

1

In Part 1 of the Schedule, omit the entry “A person authorised by the Secretary of State under section 245C of the Companies Act 1985 for the purposes of section 245B of that Act” and insert the following entries at the appropriate place—

British Hallmarking Council5

Coal Authority6

Criminal Records Bureau7

Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)” and “Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)8

Her Majesty’s Revenue and Customs, so far as they relate to functions conferred by the Money Laundering Regulations 20079

Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)10

Information Centre for Health and Social Care11

Legal Services Board12

Office for Tenants and Social Landlords13

Office of the Renewable Fuels Agency14

Postgraduate Medical Education and Training Board15

Traffic Commissioners16

Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)17

A professional body listed in Schedule 3 to the Money Laundering Regulations 2007

A person authorised by the Office for Tenants and Social Landlords to carry out functions pursuant to sections 201, 202, and 203 of the Housing and Regeneration Act 2008

2

After the last entry in Part 1 of the Schedule, insert—

PART 1A

All the regulatory functions exercisable by the following bodies so far as relating to the regulation of private sector bodies or third sector bodies—

  • The Care Council for Wales, or Cygnor Gofal Cymru18

  • The Care Quality Commission19

  • The General Social Care Council20

  • The Office for Standards in Education, Children’s Services and Skills21

3

In Part 2 of the Schedule—

a

under the heading “Agricultural wages” after the entry “Agricultural Wages Act 1948” insert “Hill Farm Allowance Regulations 200822”;

b

under the heading “Agriculture”—

i

omit the following entries—

Beef Labelling (Enforcement) (England) Regulations 2000

Sheep and Goats (Records, Identification and Movement) (England) Order 2005

Council Regulation (EC) No. 1255/1999 on the common organisation of the market in milk and milk products

Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector

Commission Regulation ECNo. 817/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)

ii

after the entry “Hill Farm Allowance Regulations 2007” insert—

Sheep and Goats (Records, Identification and Movements) (England) Order 200723

Beef and Veal Labelling Regulations 200824

iii

after the last entry insert—

Commission Regulation (EC) No. 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)25

Council Regulation (EC) No. 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No. 1290/2005, (EC) No. 247/2006, (EC) No. 378/2007 and repealing Regulation (EC) No. 1782/200326

c

under the heading “Animal health and welfare”—

i

omit the following entries—

Protection of Animals Act 1911

BSE Monitoring (England) (Amendment) Regulations 2001

Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005

Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006

Eggs and Chicks (England) Regulations 2007

Veterinary Medicines Regulations 2007

Council Regulation (EEC) No. 2782/75 on the production and marketing of eggs for hatching and of farmyard poultry chicks

Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75

Council Regulation (EEC) No. 1907/90 on certain marketing standards of eggs

Commission Regulation (EC) No. 1084/2003 (concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a member State)

Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90

ii

after the entry “Avian Influenza (Fees for the Licensed Vaccination of Birds) (England) Regulations 2007” insert—

Bluetongue Regulations 200827

Eggs and Chicks (England) Regulations 200828

Transmissible Spongiform Encephalopathies (England) Regulations 200829

Veterinary Medicines Regulations 200830

iii

after the entry “Council Regulation (EC) No. 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs” insert “Council Regulation (EC) No. 1028/2006 of 19 June 2006 on marketing standards for eggs31”;

iv

after the last entry insert—

Commission Regulation (EC) No. 557/2007 of 23 May 2007 laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006 on marketing standards for eggs32

Commission Regulation (EC) No. 617/2008 of 27 June 2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks33

Common Regulation (EC) No. 1234/2008 of 24 November 2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products (Text with EEA relevance)34

d

in the heading “Companies”, after the word “Companies”, insert “and other businesses”;

e

under the heading “Companies” in the entry “Part 42 Companies Act 2006” for “Part” substitute “Parts 5, 41 and”;

f

under the heading “Fish and fisheries” omit the entry “Sea Fisheries Act 1868”;

g

under the heading “Food standards and safety” omit the entry “Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005”;

h

under the heading “Horticulture”—

i

omit the following entries—

Regulation (EEC) No. 234/68 of the Council on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage

Council Regulation (EC) No. 2200/96 on the common organization of the market in fruit and vegetables

Commission Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables

Commission Regulation (EC) No. 408/2003 amending Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables

ii

after the last entry insert—

Commission Regulation (EC) No. 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No. 2200/96, (EC) No. 2201/96 and (EC) No. 1182/2007 in the fruit and vegetable section35

i

under the heading “Maritime transport” after the last entry insert—

Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 200736

Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 200737

Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 200738

j

under the heading “Road transport” after the entry “Motor Vehicles (EC Type Approval) Regulations 1998” insert “Motor Vehicles (Driving Licences) Regulations 199939;

k

before the heading “Water” insert—

Vehicles and vehicle operators

Public Passenger Vehicles Act 198140,

Goods Vehicles (Licensing of Operators) Act 199541

l

under the heading “Weights and measures” omit the entry “Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006” and after the last entry insert “Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 200842”;

m

at the end of Part 2 of the Schedule insert—

Agricultural, animal health and welfare and horticulture

Council Regulation (EC) No. 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)43

4

In Part 3 of the Schedule—

a

under the heading “Animal health and welfare” omit the entry “Veterinary Medicines Regulations 2007” and replace with “Veterinary Medicines Regulations 200844”;

b

under the heading “Companies” omit “Part 11 of the Companies Act 1985” and “Business Names Act 1985” and replace with “Parts 5 and 41 of the Companies Act 200645”;

c

under the heading “Consumer and business protection” omit the entry “Trading Representations (Disabled Persons) Act 1958”;

d

under the heading “Entertainment” omit the entries “Theatres Act 1968” and “Cinemas Act 1985”;

e

under the heading “Food standards and safety”, after the last entry insert “Infant Formula and Follow-on Formula (England) Regulations 200746”;

f

under the heading “Intellectual property”, after the last entry insert “London Olympic Games and Paralympic Games Act 200647”;

g

under the heading “Public health and safety”—

i

omit the entries “Explosives Act 1923”, “Electro-Medical Equipment (EEC Requirements) Regulations 1988”, and “Controls on Dangerous Substances and Preparations Regulations 2006”, and

ii

after the last entry insert “REACH Enforcement Regulations 200848”;

h

under the heading “Road transport” in the entry “Road Traffic Act (Consequential Provisions) Act 1988” omit the word “Act” the first time it occurs.

5

After Part 4 of the Schedule to the 2007 Order, insert Parts 5 to 13 as set out in the Schedule to this Order.

NameMinister for Communications, Technology and BroadcastingDepartment for Business, Innovation and Skills

SCHEDULENEW PARTS 5 TO 13 TO BE INSERTED IN THE SCHEDULE TO THE 2007 ORDER.

Article 5

PART 5

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactments (including any regulatory functions conferred by subordinate legislation made under those enactments)—

  • Offices, Shops and Railway Premises Act 196349

  • Firearms Act 196850

  • Medicines Act 1968 (section 109)51

  • Unsolicited Goods and Services Act 197152

  • Poisons Act 1972 (section 9)53

  • Health and Safety at Work, etc Act 197454

  • Consumer Credit Act 197455

  • Firearms Act 1982 56

  • Video Recordings Act 198457

  • Copyright, Designs and Patents Act 1988 (sections 107A and 198A)58

  • Timeshare Act 199259

  • Trade Marks Act 199460

  • Olympic Symbol etc (Protection) Act 199561

PART 6

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactments (including any regulatory functions conferred by subordinate legislation made under those enactments) which relate to the protection of consumers—

  • Explosives Act 187562

  • Trade Descriptions Act 196863

  • Development of Tourism Act 196964

  • Supply of Goods (Implied Terms) Act 197365

  • Fair Trading Act 197366

  • Hallmarking Act 197367

  • Prices Act 197468

  • Energy Act 197669

  • Weights and Measures etc Act 197670

  • Unfair Contract Terms Act 197771

  • Estate Agents Act 197972

  • Sale of Goods Act 197973

  • Public Passenger Vehicles Act 198174

  • Supply of Goods and Services Act 198275

  • Motor Cycle Noise Act 198776

  • Consumer Protection Act 198777

  • Education Reform Act 1988 (section 215)78

  • Property Misdescriptions Act 199179

  • Enterprise Act 2002, Part 880

  • Fireworks Act 200381

  • Crystal Glass (Descriptions) Regulations 197382

  • Alcohol Tables Regulations 197983

  • Package Travel, Package Holidays and Package Tours Regulations 199284

  • Medicines (Advertising) Regulations 199485

  • Unfair Terms in Consumer Contracts Regulations 199986

  • Consumer Protection (Distance Selling) Regulations 200087

  • Sale and Supply of Goods to Consumers Regulations 200288

  • Consumer Protection from Unfair Trading Regulations 200889

PART 7

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactments (including any regulatory functions conferred by subordinate legislation made under those enactments) which relate to the granting of licences or permits under those enactments—

  • Cinemas Act 1985 (sections 1 to 3 and 5 to 16)90

  • Road Traffic Act 1988 (the whole Act except sections 39, 40 and 157 to 159)91

  • Gambling Act 200592

PART 8

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactments (including any regulatory functions conferred by subordinate legislation made under the Weights and Measures Act 1985) which relate to product safety, compliance with standards, product labelling or weights and measures—

  • Weights and Measures Act 198593

  • Calibration of Tanks and Vessels (EEC Requirements) Regulations 197594

  • Measuring Container Bottles (EEC Requirements) Regulations 197795

  • Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 197796

  • Aerosol Dispensers (EEC Requirements) Regulations 197797

  • Taximeters (EEC Requirements) Regulations 197998

  • Measuring Instruments (EEC Requirements) Regulations 198899

  • Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988100

  • Simple Pressure Vessels (Safety) Regulations 1991101

  • Supply of Machinery (Safety) Regulations 1992102

  • Electrical Equipment (Safety) Regulations 1994103

  • Units of Measurement Regulations 1995104

  • Footwear (Indication of Composition) Labelling Regulations 1995 105

  • Gas Appliances (Safety) Regulations 1995106

  • Toys (Safety) Regulations 1995107

  • Energy Information (Washing Machines) Regulations 1996108

  • Energy Information (Tumble Driers) Regulations 1996109

  • Energy Information (Combined Washer-driers) Regulations 1997110

  • Energy Information (Lamps) Regulations 1999111

  • Energy Information (Dishwashers) Regulations 1999112

  • Pressure Equipment Regulations 1999113

  • Non-automatic Weighing Instruments Regulations 2000114

  • Medical Devices Regulations 2002115

  • Personal Protective Equipment Regulations 2002116

  • Chemicals (Hazard Information and Packaging for Supply) Regulations 2002117

  • Energy Information (Household Electric Ovens) Regulations 2003118

  • Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003119

  • Energy Information (Household Refrigerators and Freezers) Regulations 2004120

  • Biofuel (Labelling) Regulations 2004121

  • Recreational Craft Regulations 2004122

  • Medicines (Traditional Herbal Medicinal Products for human use) Regulations 2005123

  • Energy Information (Household Air Conditioners) (No. 2) Regulations 2005124

  • General Product Safety Regulations 2005125

  • Weights and Measures (Packaged Goods) Regulations 2006126

  • Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006127

  • Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006128

  • Measuring Instruments (Automatic Catchweighers) Regulations 2006129

  • Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006130

  • Measuring Instruments (Beltweighers) Regulations 2006131

  • Measuring Instruments (Capacity Serving Measures) Regulations 2006132

  • Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006133

  • Measuring Instruments (Material Measures of Length) Regulations 2006134

  • Measuring Instruments (Cold-water Meters) Regulations 2006135

  • Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 2006136

  • Electromagnetic Compatibility Regulations 2006137

  • Textile Products (Determination of Composition) Regulations 2008138

  • Cosmetic Products (Safety) Regulations 2008139

PART 9

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactment (including any regulatory functions conferred by subordinate legislation made under that enactment) which relate to the regulation of business associations—

  • Parts 5, 11 and 41 of the Companies Act 2006140

PART 10

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactment (including any regulatory functions conferred by subordinate legislation made under that enactment) which relate to price indications—

  • Energy Act 1976141

PART 11

All the regulatory functions so far as exercisable by a local authority in Scotland under or by virtue of the following enactment (including any regulatory functions conferred by subordinate legislation made under that enactment) other than those regulatory functions which relate to the encouragement of equal opportunities and the observance of requirements under the following enactment—

  • Disability Discrimination Act 1995142

PART 12

All the regulatory functions exercisable by a local authority in Northern Ireland under or by virtue of the following enactment (including any regulatory functions conferred by subordinate legislation made under that enactment) which relate to the safety of consumers—

  • Consumer Protection Act 1987143 (Parts II and III)

PART 13

All the regulatory functions so far as exercisable by a local authority in Northern Ireland under or by virtue of the following subordinate legislation which relates to technical standards derived from European Community law—

  • Construction Products Regulations 1991144

  • Simple Pressure Vessels (Safety) Regulations 1991145

  • Supply of Machinery (Safety) Regulations 1992146

  • Electrical Equipment (Safety) Regulations 1994147

  • Toys (Safety) Regulations 1995148

  • Gas Appliances (Safety) Regulations 1995149

  • Pressure Equipment Regulations 1999150

  • Medical Devices Regulations 2002151

  • Personal Protective Equipment Regulations 2002152

  • Recreational Craft Regulations 2004153

  • Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005154

  • General Product Safety Regulations 2005155

  • Cosmetic Products (Safety) Regulations 2008156.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (S.I.2007/3544) which specifies the regulatory functions to which the duties in sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 (c.51) apply.

This Order extends the duty to have regard to the Regulator’s Compliance Code to regulators which regulate private businesses and third sector operators carrying out “public sector” functions for or on behalf of the public sector. In addition, it extends the duty to local authorities in Scotland, Wales and Northern Ireland in respect of specified functions which are reserved, not devolved or not transferred. This Order also updates and modifies Parts 1 to 4 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007.

Section 21 of the Legislative and Regulatory Reform Act 2006 (the “Act”) imposes a duty on any person exercising a specified regulatory function to have regard to the five principles of good regulation. The principles provide that regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent and should be targeted only at cases in which action is needed.

Section 22 of the Act enables a Minister of the Crown to issue a Code of Practice relating to the exercise of regulatory functions (the “Regulators’ Compliance Code”). This section imposes a duty on any person exercising a specified regulatory function to have regard to the Regulators’ Compliance Code when determining general policies or principles by reference to which that person exercises those functions.

Under section 22(3) of the Act, where a person exercises a regulatory function of setting standards or giving general guidance about the exercise of other regulatory functions, the duty to have regard to the Regulators’ Compliance Code applies directly to the exercise of that function of setting standards or giving general guidance.

A copy of the Regulators’ Compliance Code and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the Better Regulation Executive, Department for Business, Innovation and Skills, 1 Victoria Street, London, SW1H 0ET. The full impact assessment is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.