The Economic Growth (Regulatory Functions) Order 2017
Draft 2017, ISBN 9780111151822
Draft Order laid before Parliament under section 109(5) of the Deregulation Act 2015, for approval by resolution of each House of Parliament.
Regulatory Reform
Made ***
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 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 was laid before Parliament and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Regulatory functions
- Signature
- Schedule
- 1Part 1
- 2Part 2
- 3Part 3
- Explanatory note
1Citation and commencement
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.
2Regulatory functions
Section 108 of the Deregulation Act 2015 (exercise of regulatory functions: economic growth) applies to the regulatory functions specified in the Schedule.
Paragraph (1) does not apply to any regulatory function exercisable under an Act to make subordinate legislation.
Paragraph (1) does not apply to any regulatory function—
so far as exercisable in Scotland, if or to the extent that the functions relate to matters which are not reserved matters;
so far as exercisable in Northern Ireland, if or to the extent that the function relate to matters which are transferred matters; or
so far as exercisable in Wales, if or to the extent that the function relates to matters which are devolved Welsh matters.
Signature
Name
Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
Date
1
All the regulatory functions exercisable by—
British Hallmarking Councilf1
Care Quality Commissionf2
Charity Commission for England and Walesf3
Civil Aviation Authorityf4 other than any regulatory function under—
Coal Authorityf10
Commissioners of Irish Lights
Comptroller-General of Patents, Designs and Trade Marksf11
Director of Fair Access to Higher Educationf12
Environment Agencyf13
Financial Reporting Council Limitedf14
Food Standards Agencyf15
Forestry Commissionersf16
Gangmasters and Labour Abuse Authorityf20
Groceries Code Adjudicatorf21
Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)f22
Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)f23
Health and Safety Executivef24
Her Majesty’s Land Registryf25
Higher Education Funding Council for Englandf28
Historic Buildings and Monuments Commission for Englandf29
Homes and Communities Agencyf30
Human Fertilisation and Embryology Authorityf31
Human Tissue Authorityf32
Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)f33
Marine Management Organisationf36
Natural Englandf37
Northern Lighthouse Board
Office for Nuclear Regulationf38
Office for Standards in Education, Children’s Services and Skillsf39
Oil and Gas Authorityf46
Registrars of companiesf47
Regulator of Community Interest Companiesf48
Security Industry Authorityf49
Sports Grounds Safety Authorityf50
Traffic Commissionersf51
The Trinity House (as defined in section 223(1) of the Merchant Shipping Act 1995)f52
Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)f53
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 1991f1
a body designated by the Secretary of State under section 1252 of the Companies Act 2006f2
a person authorised by the Secretary of State under section 457 of the Companies Act 2006f3
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)f1, 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)—
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.