# The Economic Growth (Regulatory Functions) Order 2017

Draft 2017, ISBN 9780111151822

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.

Made under: Deregulation Act 2015 (Section 109)

PDFs: Printed copy https://openlegislation.uk/draft-economic-growth-regulatory-functions-order-2017/pdf/ukdsi_9780111151822_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-economic-growth-regulatory-functions-order-2017/pdf/ukdsiem_9780111151822_en.pdf

## Introductory text

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 2015.
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.

## 1 Citation 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.

## 2 Regulatory 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 Council
Care Quality Commission
Charity Commission for England and Wales
Civil Aviation Authority other than any regulatory function under—
Part 1 (air traffic) of the Transport Act 2000
Part 1 (airports) of the Civil Aviation Act 2012
the Airports (Groundhandling) Regulations 1997
the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007
the Airport Charges Regulations 2011
Coal Authority
Commissioners of Irish Lights
Comptroller-General of Patents, Designs and Trade Marks
Director of Fair Access to Higher Education
Environment Agency
Financial Reporting Council Limited
Food Standards Agency
Forestry Commissioners
Gambling Commission other than any regulatory function under—
the National Lottery etc. Act 1993
Part 3 (National Lottery: Olympic Lotteries) of the Horserace Betting and Olympic Lottery Act 2004
Gangmasters and Labour Abuse Authority
Groceries Code Adjudicator
Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)
Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)
Health and Safety Executive
Her Majesty’s Land Registry
Her Majesty’s Revenue and Customs under or by virtue of the Money Laundering Regulations 2007
Higher Education Funding Council for England
Historic Buildings and Monuments Commission for England
Homes and Communities Agency
Human Fertilisation and Embryology Authority
Human Tissue Authority
Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)
Information Commissioner other than any regulatory function under the Freedom of Information Act 2000
Marine Management Organisation
Natural England
Northern Lighthouse Board
Office for Nuclear Regulation
Office for Standards in Education, Children’s Services and Skills
Office of Qualifications and Examinations Regulation other than any regulatory function which concerns a fee capping condition under sections 132 to 136 of the Apprenticeships, Skills, Children and Learning Act 2009
Office of Rail and Road in connection with railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005) that are exercisable under or by virtue of—
the Railways Act 1993;
the Railways Act 2005; or
the Health and Safety at Work etc Act 1974.
Oil and Gas Authority
Registrars of companies
Regulator of Community Interest Companies
Security Industry Authority
Sports Grounds Safety Authority
Traffic Commissioners
The Trinity House (as defined in section 223(1) of the Merchant Shipping Act 1995)
Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)

## 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 1991
a body designated by the Secretary of State under section 1252 of the Companies Act 2006
a person authorised by the Secretary of State under section 457 of the Companies Act 2006

## 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), 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.

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Source: https://www.legislation.gov.uk/ukdsi/2017/9780111151822 (the official version)
Page: https://openlegislation.uk/draft-economic-growth-regulatory-functions-order-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

