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

As Enacted Cited authorities 79 Cited in Amendments 14 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/669

2009 No. 669

Regulatory Reform

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

Made 5th March 2009

Laid before Parliament 16th March 2009

Coming into force 6th April 2009

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

Citation, commencement and interpretation

S-1 This Order may be cited as the Co-ordination of Regulatory...

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.

S-2 In this Order “ the Act ” means the Regulatory Enforcement and...

2. In this Order “the Act” means the Regulatory Enforcement and Sanctions Act 2008.

Regulatory functions

Regulatory functions

S-3 The following are specified in relation to a local authority in...

3.—(1) The following are specified in relation to a local authority in Scotland—

(a)

(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)

(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)

(a) Part 1 of Schedule 1, any function;

(b)

(b) Part 2 of Schedule 1, any function which relates to the protection of consumers;

(c)

(c) Part 3 of Schedule 1, any function which relates to the granting of licences or permits under those enactments;

(d)

(d) Part 4 of Schedule 1, any function which relates to product safety, compliance with standards, product labelling or weights and measures;

(e)

(e) Part 5 of Schedule 1, any function which relates to the regulation of business associations;

(f)

(f) Part 6 of Schedule 1, any function which relates to price indications;

(g)

(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.

S-4 The following are specified in relation to a local authority in...

4.—(1) The following are specified in relation to a local authority in Northern Ireland—

(a)

(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)

(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)

(a) an enactment specified in Schedule 2 or an enactment made under such an enactment; and

(b)

(b) an enactment made under section 2(2) of the European Communities Act 19722with 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.

Stephen Carter

Minister for Communications, Technology and Broadcasting

Department for Business, Enterprise and Regulatory Reform

5th March 2009

SCHEDULE 1

Article 3

SCHEDULE 1

1 PART 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

2 PART 2

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

3 PART 3

PART 3

Cinemas Act 1985 (sections 1 to 3 and 5 to 16)44

Road Traffic Act 1988 (the whole Act except sections 39 to 40 and 157 to 159)45

Gambling Act 200546

4 PART 4

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 199559

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.

5 PART 5

PART 5

Companies Act 198595, Part XI

Business Names Act 198596

6 PART 6

PART 6

Energy Act 197697

7 PART 7

PART 7

Disability Discrimination Act 199598

SCHEDULE 2

Article 4

SCHEDULE 2

1 PART 1

PART 1

Consumer Protection Act 1987(Parts II and III)99

2 PART 2

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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies regulatory functions exercisable by local...

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