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The Economic Growth (Regulatory Functions) Order 2017

Consolidated Text Cited authorities 266 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2017/267
Year2017

2017 No. 267

Regulatory Reform

The Economic Growth (Regulatory Functions) Order 2017

Made 8th 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.

S-1 Citation and commencement

Citation and commencement

1. 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.

S-2 Regulatory functions

Regulatory functions

2.—(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)

(a) so far as exercisable in Scotland, if or to the extent that the functions relate to matters which are not reserved matters;

(b)

(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)

(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

8th March 2017

SCHEDULE

Article 2(1)

SCHEDULE

1 PART 1

PART 1

All the regulatory functions exercisable by—

British Hallmarking Council2

Care Quality Commission3

Charity Commission for England and Wales4

Civil Aviation Authority5other 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 Commission18other 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 200420

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

Her Majesty’s Revenue and Customs27under or by virtue of the Money Laundering Regulations 200728

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 Commissioner35other 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 Regulation41other 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 Road43in 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

2 PART 2

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

3 PART 3

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 1831/2003of the European Parliament and of the Council of additives for use in animal nutrition92

Council Regulation (EC) No 21/2004establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003and Directives 92/102/EECand 64/452/EEC93

Regulation (EC) No 882/2004of 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 1950/2006establishing, in accordance with Directive 2001/82/ECof 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 1234/2007as regards marketing standards for eggs96

Commission Regulation EC No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007as regards marketing standards of eggs for hatching and farmyard poultry chicks97

Commission Regulation (EC) No 1234/2008concerning 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

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 2007109other 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

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