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The Economic Growth (Regulatory Functions) (Amendment) Order 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348258745

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 109(5) of the Deregulation Act 2015 (c. 20), for approval by resolution of each House of Parliament.

REGULATORY REFORM

Made

Coming into force in accordance with article 1(1)

The Secretary of State makes this Order in exercise of the powers conferred by section 109(1) of the Deregulation Act 2015f1.

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 has been laid before Parliament and approved by a resolution of each House.

Annotations to the whole text

Footnotes

f1

2015 c. 20, as amended by section 71(4) of the Wales Act 2017 (c. 4); there are other amendments not relevant to this Order.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Economic Growth (Regulatory Functions) Order 2017
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Economic Growth (Regulatory Functions) (Amendment) Order 2024 and comes into force on the 21st day after the day on which it is made.

(2)

This Order extends to England and Wales, Scotland and Northern Ireland.

2Amendment of the Economic Growth (Regulatory Functions) Order 2017

(1)

The Economic Growth (Regulatory Functions) Order 2017f1 is amended as follows.

(2)

After Article 2 insert—

“Sunset in relation to Part 1 of the Schedule: certain functions of the Office of Communications

3

In Part 1 of the Schedule, in relation to the Office of Communicationsf2, the words “any regulatory function which is an online safety function within the meaning of section 235 of the Online Safety Act 2023f3” cease to have effect from the end of 5th April 2026.”

(3)

In Part 1 of the Schedule—

(a)

after “Gangmasters and Labour Abuse Authority” insert—

  • “Gas and Electricity Markets Authorityf4 other than any regulatory function which is exercisable concurrently with the Competition and Markets Authorityf5 by virtue of—

    • section 36A of the Gas Act 1986f6

    • section 43 of the Electricity Act 1989f7”;

(b)

after “Office for Students” insert—

  • “Office of Communications other than any regulatory function—

    • under Part 3 of the Enterprise Act 2002f8

    • which is exercisable concurrently with the Competition and Markets Authority by virtue of section 370 or 371 of the Communications Act 2003f9

    • which is an online safety function within the meaning of section 235 of the Online Safety Act 2023”;

(c)

at the end insert—

“Water Services Regulation Authorityf10 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 1991f11”.

Signature

Name

Title

Department for Business and Trade

Explanatory note

(This note is not part of the Order)

Section 108 of the Deregulation Act 2015 (the “Act”) imposes a duty on any person exercising a regulatory function which is specified in an Order made by a Minister of the Crown under section 109 of the Act, to have regard to the desirability of promoting economic growth.

The term “regulatory function” is defined in section 111 of the Act.

This Order amends the Economic Growth (Regulatory Functions) Order 2017 (the “2017 Order”) which specifies the regulatory functions to which the duty in section 108 applies. This Order does that by amending Part 1 of the Schedule to the 2017 Order which specifies regulatory functions which are exercised by named regulators so as to include three additional named regulators: the Gas and Electricity Markets Authority, the Office of Communications and the Water Services Regulation Authority.

This Order excludes regulatory functions of those three additional named regulators relating to competition where those functions are concurrent with the competition functions of the Competition and Markets Authority.

In relation to the Office of Communications, this Order also excludes regulatory functions under Part 3 of the Enterprise Act 2002 (relating to relevant types of merger) and those which are online safety functions (as defined in the Online Safety Act 2023) for a time limited period until the end of 5th April 2026.

A full Impact Assessment of the effect that this instrument will have on costs to the private sector is available from the Department for Business and Trade at Old Admiralty Building, London SW1A 2PA and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. No, or no significant, impact on the voluntary or public sector is foreseen.