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The Economic Growth (Regulatory Functions) Order 2017

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

Draft 2017, ISBN 9780111151822

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, 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

2015 c.20.

Contents

  1. 1Citation and commencement
  2. 2Regulatory functions
  3. Signature
  4. Schedule
  5. 1Part 1
  6. 2Part 2
  7. 3Part 3
  8. 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

(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)

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

(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)

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—

  • Part 1 (air traffic) of the Transport Act 2000f5

  • Part 1 (airports) of the Civil Aviation Act 2012f6

  • the Airports (Groundhandling) Regulations 1997f7

  • the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007f8

  • the Airport Charges Regulations 2011f9

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

Gambling Commissionf17 other than any regulatory function under—

  • the National Lottery etc. Act 1993f18

  • Part 3 (National Lottery: Olympic Lotteries) of the Horserace Betting and Olympic Lottery Act 2004 f19

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

Her Majesty’s Revenue and Customsf26 under or by virtue of the Money Laundering Regulations 2007f27

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

Information Commissionerf34 other than any regulatory function under the Freedom of Information Act 2000f35

Marine Management Organisationf36

Natural Englandf37

Northern Lighthouse Board

Office for Nuclear Regulationf38

Office for Standards in Education, Children’s Services and Skillsf39

Office of Qualifications and Examinations Regulationf40 other than any regulatory function which concerns a fee capping condition under sections 132 to 136 of the Apprenticeships, Skills, Children and Learning Act 2009f41

Office of Rail and Roadf42 in connection with railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005f43) that are exercisable under or by virtue of—

  • the Railways Act 1993f44;

  • the Railways Act 2005; or

  • the Health and Safety at Work etc Act 1974f45.

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.