The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

Draft 2007, ISBN 9780110788708

Draft Order laid before Parliament under section 24(9) of the Legislative and Regulatory Reform Act 2006 for approval by resolution of each House of Parliament.

REGULATORY REFORM

Made [date] 2007

Coming into force 6th April 2008

The Minister for the Cabinet Office makes the following Order, in exercise of the powers conferred by section 24(2) of the Legislative and Regulatory Reform Act 2006^f1.

In accordance with section 24(6) of that Act, he has consulted the persons whose functions are specified in this Order and such other persons as he considered appropriate.

In accordance with section 24(9) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1: 2006 c.51.

1Citation, commencement and interpretation
2Regulatory functions
3Regulatory functions
4Regulatory functions
Signature
Schedule
1Part 1
2Part 2
3Part 3
4Part 4
Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 and comes into force on 6th April 2008.

(2)

In this Order—

“local authority” means—
1. (a)
  
  a county or district council in England;
2. (b)
  
  a London borough council;
3. (c)
  
  the Common Council of the City of London;
4. (d)
  
  the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
5. (e)
  
  the Council of the Isles of Scilly;
6. (f)
  
  a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); and
7. (g)
  
  an authority established under section 10 of the Local Government Act 1985^f1 (waste disposal authorities for Greater London and metropolitan counties).

2Regulatory functions

Subject to articles 3 and 4, any regulatory function specified in the Schedule to this Order is a function to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply.

Article 2 shall not apply to any regulatory function exercisable by Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument under a public general Act or local Act.

4Regulatory functions

Article 2 shall not apply to any regulatory function—

(a)

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

(b)

so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or

(c)

exercisable only in or as regards Wales.

Signature

[Name]

Parliamentary Secretary for the Cabinet Office

and Minister for the Third Sector

Date

1

All the regulatory functions exercisable by the—

	Charity Commission for England and Wales^f1

	Civil Aviation Authority^f2 other than any regulatory function under—

		Part 4 of the Airports Act 1986^f3

		Part 1 of the Transport Act 2000^f4

		The Airports (Ground Handling) Regulations 1997^f5

		The Single European Sky (National Supervisory Authority) Regulations 2004^f6

		The Single European Sky (Functions of the National Supervisory Authority) Regulations 2006^f7

	Commission for Equality and Human Rights^f8

	Director of the Assets Recovery Agency^f9

	Environment Agency^f10

	Financial Services Authority^f11

	Fire and rescue authorities^f12 in England

	Food Standards Agency^f13

	Football Licensing Authority^f14

	Forestry Commission^f15

	Gambling Commission^f16

	Gangmasters Licensing Authority^f17

	Health and Safety Commission^f18

	Health and Safety Executive^f19 other than any regulatory function exercised under or by virtue of—

		Section 2 of or Schedule 1 to the Nuclear Installations Act 1965^f20

		The Import of Goods (Control) Order 1954^f21

		The Nuclear Industries Security Regulations 2003^f22

		Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004^f23

	Hearing Aid Council^f24

	Historic Buildings and Monuments Commission for England (“English Heritage”)^f25

	Housing Corporation^f26

	Human Fertilisation and Embryology Authority^f27

	Human Tissue Authority^f28

	Information Commissioner^f29 other than any regulatory function under the Freedom of Information Act 2000^f30

	Natural England^f31

	Office of Fair Trading^f32 other than any regulatory function under competition or merger law

	Pensions Regulator^f33

	Registrar of companies for England and Wales^f34

	Registrar of companies for Northern Ireland^f35

	Registrar of companies for Scotland^f36

	Security Industry Authority^f37

	United Kingdom Sports Council^f38

	A person authorised by the Secretary of State under section 245C of the Companies Act 1985^f39 for the purposes of section 245B of that Act

	A person authorised by the Secretary of State under section 457 of the Companies Act 2006^f40 for the purposes of section 456 of that Act

	A body designated by the Secretary of State for the purposes of section 1252 of the Companies Act 2006

2

All the regulatory functions under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under those enactments) or pursuant to the following Community instruments, so far as exercisable by a Minister of the Crown—

Agricultural wages

	Agricultural Wages Act 1948^f1

Agriculture

	Public Health Act 1936^f2

	Sections 98 to 101 and 106 of the Agriculture Act 1947^f3

	Pests Act 1954^f4

	Weeds Act 1959^f5

	Agriculture and Horticulture Act 1964^f6

	Farm Land and Rural Development Act 1988^f7

	Farm Woodland Scheme 1988^f8

	Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992^f9

	Farm Woodland Premium Scheme 1992^f10

	Habitat (Water Fringe) Regulations 1994^f11

	Habitat (Former Set-Aside Land) Regulations 1994^f12

	Habitat (Salt-Marsh) Regulations 1994^f13

	Nitrate Sensitive Areas Regulations 1994^f14

	Pig Carcase (Grading) Regulations 1994^f15

	Countryside Access Regulations 1994^f16

	Conservation (Natural Habitats, &c.) Regulations 1994^f17

	Moorland (Livestock Extensification) Regulations 1995^f18

	Farm Woodland Premium Scheme 1997^f19

	Rural Development Grants (Agriculture and Forestry) Regulations 2000^f20

	Energy Crops Regulations 2000^f21

	Rural Enterprise Regulations 2000^f22

	England Rural Development Programme (Enforcement) Regulations 2000^f23

	Vocational Training Grants (Agriculture and Forestry) Regulations 2000^f24

	Agricultural Processing and Marketing Grants Regulations 2000^f25

	Beef Labelling (Enforcement) (England) Regulations 2000^f26

	Countryside Stewardship Regulations 2000^f27

	Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001^f28

	Rural Development Grants (Local Communities) Regulations 2001^f29

	Dairy Produce Quotas (General Provisions) Regulations 2002^f30

	Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003^f31

	Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004^f32

	Beef Carcase (Classification) (England) Regulations 2004^f33

	Common Agricultural Policy Single Payment and Support Schemes (Appeals) (England) Regulations 2004^f34

	Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004^f35

	Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005^f36

	Common Agricultural Policy Single Payment and Support Schemes Regulations 2005^f37

	Dairy Produce Quotas Regulations 2005^f38

	Environmental Stewardship (England) Regulations 2005^f39

	Sheep and Goats (Records, Identification and Movement) (England) Order 2005^f40

	Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005^f41

	Rural Development (Enforcement) (England) Regulations 2007^f42

	Cattle Identification Regulations 2007^f43

	Hill Farm Allowance Regulations 2007^f44

	Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products^f45

	Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers^f46

	Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector^f47

	Commission Regulation (EC) No 817/2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)^f48

	Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)^f49

	Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community^f50

Animal health and welfare

	Protection of Animals Act 1911^f51

	Destructive Imported Animals Act 1932^f52

	Veterinary Surgeons Act 1966^f53

	Agriculture (Miscellaneous Provisions) Act 1968^f54

	Breeding of Dogs Act 1973^f55

	Farriers (Registration) Act 1975^f56

	Dangerous Wild Animals Act 1976^f57

	Bees Act 1980^f58

	Animal Health Act 1981^f59

	Zoo Licensing Act 1981^f60

	Wildlife and Countryside Act 1981^f61

	Animal Health and Welfare Act 1984^f62

	Wildlife and Countryside (Amendment) Act 1985^f63

	Breeding of Dogs Act 1991^f64

	Dangerous Dogs Act 1991^f65

	Protection of Badgers Act 1992^f66

	Breeding and Sale of Dogs (Welfare) Act 1999^f67

	Animal Welfare Act 2006^f68

	Products of Animal Origin (Import and Export) Regulations 1996^f69

	Animals (Third Country Imports) (Charges) Regulations 1997^f70

	Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997^f71

	BSE Monitoring (England) (Amendment) Regulations 2001^f72

	Registration of Establishments (Laying Hens) (England) Regulations 2003^f73

	Horse Passports (England) Regulations 2004^f74

	Non Commercial Movement of Pet Animals (England) Regulations 2004^f75

	Animal By-Products Regulations 2005^f76

	Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005^f77

	Animal Health Act 1981 (Amendment) Regulations 2005^f78

	Older Cattle (Disposal) (England) Regulations 2005^f79

	Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006^f80

	Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006^f81

	Animals and Animal Products (Import and Export) (England) Regulations 2006^f82

	Avian Influenza (Preventive Measures) (England) Regulations 2006^f83

	Avian Influenza (Vaccination) (England) Regulations 2006^f84

	Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006^f85

	Products of Animal Origin (Third Country Imports) (England) Regulations 2006^f86

	Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) (England and Wales) Order 2006^f87

	Official Controls (Animals, Feed and Food) (England) Regulations 2006^f88

	Avian Influenza (Fees for the Licensed Vaccination of Birds) (England) Regulations 2007^f89

	Eggs and Chicks (England) Regulations 2007^f90

	Veterinary Medicines Regulations 2007^f91

	Council Regulation (EEC) No. 2782/75 on the production and marketing of eggs for hatching and of farmyard poultry chicks^f92

	Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75^f93

	Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs^f94

	Regulation (EEC) No. 2377/90 (laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin^f95

	Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety^f96

	Commission Regulation (EC) No. 1084/2003 (concerning the examination of variations to the terms of a marketing authorisation for medicinal products for human use and veterinary medicinal products granted by a competent authority of a member State)^f97

	Regulation (EC) No. 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition^f98

	Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90^f99

	Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC^f100

	Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency^f101

	Regulation (EC) No. 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules^f102

	Regulation (EC) No. 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene^f103

	Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed^f104

	Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs^f105

	Commission Regulation (EC) No 1950/2006 (establishing, in accordance with Directive 2001/82/EC of 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 equidae^f106

Companies

	Chapter 2 of Part 1 of the Companies Act 1985^f107

	Part 42 of the Companies Act 2006^f108

Employment agencies

	Employment Agencies Act 1973^f109

Fish and fisheries

	Sea Fisheries Act 1868^f110

	Diseases of Fish Act 1937^f111

	Sea Fisheries (Shellfish) Act 1967^f112

	Sea Fish (Conservation) Act 1967^f113

	Sea Fisheries Act 1968^f114

	Conservation of Seals Act 1970^f115

	Fishery Limits Act 1976^f116

	Import of Live Fish (England and Wales) Act 1980^f117

	Fisheries Act 1981^f118

	British Fishing Boats Act 1983^f119

	Diseases of Fish Act 1983^f120

	Diseases of Fish (Control) Regulations 1994^f121

	Fish Health Regulations 1997^f122

	Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005^f123

	Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007^f124

Food standards and safety

	Food and Environment Protection Act 1985^f125

	Pesticides Act 1998^f126

	Control of Pesticides Regulations 1986^f127

	Plant Protection (Basic Conditions) Regulations 1997^f128

	Plant Protection Products Regulations 2005^f129

	Detergents Regulations 2005^f130

	Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005^f131

	Charges for Residues Surveillance Regulations 2006^f132

Horticulture

	Horticultural Produce Act 1986^f133

	Grading of Horticultural Produce (Amendment) Regulations 1973^f134

	Grading of Horticultural Produce (Forms of Labels) Regulations 1982^f135

	Organic Products (Imports from Third Countries) Regulations 2003^f136

	Organic Products Regulations 2004^f137

	Regulation (EEC) No. 234/68 of the Council on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage^f138

	Council Regulation (EC) No. 2200/96 on the common organization of the market in fruit and vegetables^f139

	Commission Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables^f140

	Commission Regulation (EC) No. 46/2003 amending the marketing standards for fresh fruit and vegetables as regards mixes of different types of fresh fruit and vegetables in the same sales package^f141

	Commission Regulation (EC) No. 47/2003 amending Annex I to Council Regulation (EC) No. 2200/96^f142

	Commission Regulation (EC) No. 48/2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package^f143

	Commission Regulation (EC) No. 408/2003 amending Regulation (EC) No. 1148/2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables^f144

	Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91^f145

Insolvency

	Part 13 of the Insolvency Act 1986^f146

Marine transport

	Protection of Wrecks Act 1973^f147

	Dangerous Vessels Act 1985^f148

	Aviation and Maritime Security Act 1990^f149

	Merchant Shipping Act 1995^f150

	Railways and Transport Safety Act 2003^f151

	Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984^f152

	Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995^f153

	Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995^f154

	Merchant Shipping (Port State Control) Regulations 1995^f155

	Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996^f156

	Merchant Shipping (Training and Certification) Regulations 1997^f157

	Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997^f158

	Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997^f159

	Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997^f160

	Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997^f161

	Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998^f162

	Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998^f163

	Merchant Shipping (Marine Equipment) Regulations 1999^f164

	Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999^f165

	Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999^f166

	Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001^f167

	Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001^f168

	Merchant Shipping (Hours of Work) Regulations 2002^f169

	Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002^f170

	Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003^f171

	Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003^f172

	Merchant Shipping (Working Time: Inland Waterways) Regulations 2003^f173

	Merchant Shipping (High Speed Craft) Regulations 2004^f174

	Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004^f175

	Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004^f176

	Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004^f177

	Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006^f178

	Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006^f179

	Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006^f180

Medicines

	Medicines Act 1968^f181

	Section 27(2) of the Consumer Protection Act 1987^f182

	Medicines Act 1968 (Application to Radiopharmaceutical-Associated Products) Regulations 1992^f183

	Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994^f184

	Medicines (Advertising) Regulations 1994^f185

	Medicines (Monitoring of Advertising) Regulations 1994^f186

	Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994^f187

	Good Laboratory Practice Regulations 1999^f188

	Medical Devices Regulations 2002^f189

	Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003^f190

	Medicines for Human Use (Clinical Trials) Regulations 2004^f191

	Blood Safety and Quality Regulations 2005^f192

	Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005^f193

	Medicines for Human Use (Manufacturing, Wholesale Dealing and Miscellaneous Amendments) Regulations 2005^f194

Plant health

	Plant Varieties and Seeds Act 1964^f195

	Plant Health Act 1967^f196

	Plant Varieties Act 1997^f197

	Marketing of Vegetable Plant Material Regulations 1995^f198

	Marketing of Fruit Plant Material Regulations 1995^f199

	Marketing of Ornamental Plant Propagating Material Regulations 1999^f200

	Potatoes Originating in Egypt (England) Regulations 2004^f201

Protection of animals used for experimental purposes

	Animals (Scientific Procedures) Act 1986^f202

Road transport

	Transport Act 1968^f203

	Road Traffic (Foreign Vehicles) Act 1972^f204

	International Carriage of Perishable Foodstuffs Act 1976^f205

	Public Passenger Vehicles Act 1981^f206

	Road Traffic Regulation Act 1984^f207

	Transport Act 1985^f208

	Road Traffic Act 1988^f209

	Road Traffic Offenders Act 1988^f210

	Road Traffic (Driver Licensing and Information Systems) Act 1989^f211

	Radioactive Material (Road Transport) Act 1991^f212

	Vehicle Excise and Registration Act 1994^f213

	Road Traffic (New Drivers) Act 1995^f214

	Goods Vehicles (Licensing of Operators) Act 1995^f215

	Sections 40 to 45 of the Disability Discrimination Act 1995^f216

	Vehicles (Crime) Act 2001^f217

	Section 41 of and paragraph 8 of Schedule 5 to the Police Reform Act 2002^f218

	Road Safety Act 2006^f219

	Passenger and Goods Vehicles (Recording Equipment) Regulations 1979^f220

	Road Transport (International Passenger Services) Regulations 1984^f221

	Goods Vehicles (Community Authorisations) Regulations 1992^f222

	Motor Vehicles (EC Type Approval) Regulations 1998^f223

	Motor Cycles Etc. (EC Type Approval) Regulations 1999^f224

	End-of-Life Vehicles Regulations 2003^f225

	Road Transport (Working Time) Regulations 2005^f226

	Vehicle Drivers (Certificates of Professional Competence) Regulations 2007^f227

Security of pathogens and toxins

	Part 7 of the Anti-Terrorism Crime and Security Act 2001^f228

Water

	Water Industry Act 1991^f229

	Water Resources Act 1991^f230

	Water Act 2003^f231

	Drinking Water (Undertakings) (England and Wales) Regulations 2000^f232

	Water Supply (Water Quality) Regulations 2000^f233

	Water Supply (Water Quality) (Amendment) Regulations 2001^f234

	Water Supply (Water Quality) Regulations 2001^f235

Weights and measures

	Weights and Measures Act 1985^f236

	Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975^f237

	Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977^f238

	Taximeters (EEC Requirements) Regulations 1979^f239

	Measuring Instruments (EEC Requirements) Regulations 1988^f240

	Non-automatic Weighing Instruments Regulations 2000^f241

	Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006^f242

	Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006^f243

	Measuring Instruments (Automatic catchweighers) Regulations 2006^f244

	Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006^f245

	Measuring Instruments (Beltweighers) Regulations 2006^f246

	Measuring Instruments (Capacity Serving Measures) Regulations 2006^f247

	Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006^f248

	Measuring Instruments (Material Measures of Length) Regulations 2006^f249

	Measuring Instruments (Cold-water Meters) Regulations 2006^f250

	Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 2006^f251

	Measuring Instruments (Non-prescribed Instruments) Regulations 2006^f252

	Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006^f253

	Measuring Instruments (Exhaust Gas Analysers) Regulations 2006^f254

	Measuring Instruments (Taximeters) Regulations 2006^f255

Wildlife

	Endangered Species (Import and Export) Act 1976^f256

	Birds (Registration Charges) Act 1997^f257

	Control of Trade in Endangered Species (Enforcement) Regulations 1997^f258

	Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein^f259

	Commission Regulation (EC) No. 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein^f260

3

All the regulatory functions so far as exercisable by local authorities under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under those enactments)—

Agriculture

	Game Act 1831^f1

	Ground Game Act 1880^f2

	Prevention of Damage by Pests Act 1949^f3

	Pests Act 1954^f4

	Agriculture and Horticulture Act 1964^f5

	Plant Health Act 1967^f6

	Agriculture Act 1967^f7

	Agriculture (Miscellaneous Provisions) Act 1968^f8

	Agriculture Act 1970^f9

	Disease Control (England) Order 2003^f10

	Organic Products (Imports from Third Countries) Regulations 2003^f11

	Organic Products Regulations 2004^f12

	Cattle Identification Regulations 2007^f13

Animal health and welfare

	Dogs Act 1906^f14

	Protection of Animals Act 1911^f15

	Performing Animals (Regulation) Act 1925^f16

	Pet Animals Act 1951^f17

	Animal Boarding Establishments Act 1963^f18

	Breeding of Dogs Act 1973^f19

	Animal Health Act 1981^f20

	Animal Health and Welfare Act 1984^f21

	Protection Against Cruel Tethering Act 1988^f22

	Welfare of Animals at Slaughter Act 1991^f23

	Breeding of Dogs Act 1991^f24

	Breeding and Sale of Dogs (Welfare) Act 1999^f25

	Animal Welfare Act 2006^f26

	Welfare of Animals (Slaughter or Killing) Regulations 1995^f27

	Registration of Establishments (Laying Hens) (England) Regulations 2003^f28

	Horse Passports (England) Regulations 2004^f29

	Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006^f30

	Animals and Animal Products (Import and Export) (England) Regulations 2006^f31

	Avian Influenza (Preventive Measures) (England) Regulations 2006^f32

	Avian Influenza (Vaccination) (England) Regulations 2006^f33

	Products of Animal Origin (Third Country Imports) (England) Regulations 2006^f34

	Veterinary Medicines Regulations 2007^f35

Anti-social behaviour

	Theft Act 1968^f36

	Theft Act 1978^f37

	Malicious Communications Act 1988^f38

	Parts 5, 7 and 12 of the Criminal Justice and Public Order Act 1994^f39

	Protection from Harassment Act 1997^f40

	Part 1 of the Criminal Justice and Police Act 2001^f41

	Anti-social Behaviour Act 2003^f42

	Part 4 of the Serious Organised Crime and Police Act 2005^f43

	Violent Crime Reduction Act 2006^f44

Charities

	Charities Act 1993^f45

	Charities Act 2006^f46

Children

	Part 1 of the Children and Young Persons Act 1933^f47

	Part 2 of the Children and Young Persons Act 1963^f48

	Children and Young Persons (Protection from Tobacco) Act 1991^f49

Companies

	Part 11 of the Companies Act 1985^f50

	Business Names Act 1985^f51

Consumer and business protection

	Agricultural Produce (Grading and Marking) Act 1928^f52

	Cancer Act 1939^f53

	Accommodation Agencies Act 1953^f54

	Trading Representations (Disabled Persons) Act 1958^f55

	Scrap Metal Dealers Act 1964^f56

	Veterinary Surgeons Act 1966^f57

	Farm and Garden Chemicals Act 1967^f58

	Trade Descriptions Act 1968^f59

	Medicines Act 1968^f60

	Section 40 of the Administration of Justice Act 1970^f61

	Unsolicited Goods and Services Act 1971^f62

	Supply of Goods (Implied Terms) Act 1973^f63

	Fair Trading Act 1973^f64

	Hallmarking Act 1973^f65

	Prices Act 1974^f66

	Consumer Credit Act 1974^f67

	Solicitors Act 1974^f68

	Farriers (Registration) Act 1975^f69

	Unfair Contract Terms Act 1977^f70

	Sale of Goods Act 1979^f71

	Forgery and Counterfeiting Act 1981^f72

	Supply of Goods and Services Act 1982^f73

	Intoxicating Substances (Supply) Act 1985^f74

	Consumer Protection Act 1987^f75

	Scotch Whisky Act 1988^f76

	Opticians Act 1989^f77

	Parts 4 and 6 of the Courts and Legal Services Act 1990^f78

	Timeshare Act 1992^f79

	Osteopaths Act 1993^f80

	National Lottery etc. Act 1993^f81

	Sunday Trading Act 1994^f82

	Disability Discrimination Act 1995^f83

	Part 8 of the Enterprise Act 2002^f84

	Christmas Day (Trading) Act 2004^f85

	Fraud Act 2006^f86

	Crystal Glass (Descriptions) Regulations 1973

	Aerosol Dispensers (EEC Requirements) Regulations 1977^f87

	Alcohol Tables Regulations 1979^f88

	Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987^f89

	Package Travel, Package Holidays and Package Tours Regulations 1992^f90

	Footwear (Indication of Composition) Labelling Regulations 1995^f91

	Unfair Terms in Consumer Contracts Regulation 1999^f92

	Consumer Protection (Distance Selling) Regulations 2000^f93

	Sale and Supply of Goods to Consumers Regulations 2002^f94

	Biofuel (Labelling) Regulations 2004^f95

	Re-use of Public Sector Information Regulations 2005^f96

	General Product Safety Regulations 2005^f97

	Textile Products (Determination of Composition) Regulations 2006^f98

	Electromagnetic Compatibility Regulations 2006^f99

Education

	Sections 214 and 215 of the Education Reform Act 1988^f100

Employment agencies

	Employment Agencies Act 1973^f101

Entertainment

	Theatres Act 1968^f102

	Video Recordings Act 1984^f103

	Cinemas Act 1985^f104

Environment

	Petroleum (Consolidation) Act 1928^f105

	Weeds Act 1959^f106

	Countryside Act 1968^f107

	Control of Pollution Act 1974^f108

	Energy Act 1976^f109

	Wildlife and Countryside Act 1981^f110

	Litter Act 1983^f111

	Food and Environment Protection Act 1985^f112

	Motorcycle Noise Act 1987^f113

	Environment and Safety Information Act 1988^f114

	Control of Pollution (Amendment) Act 1989^f115

	Environmental Protection Act 1990^f116

	Noise and Statutory Nuisance Act 1993^f117

	Environment Act 1995^f118

	Noise Act 1996^f119

	Pollution Prevention and Control Act 1999^f120

	Clean Neighbourhoods and Environment Act 2005^f121

	Energy Information (Washing Machines) Regulations 1996^f122

	Energy Information (Tumble Driers) Regulations 1996^f123

	Energy Information (Combined Washer-driers) Regulations 1997^f124

	Energy Information (Lamps) Regulations 1999^f125

	Non-Road Mobile Machinery (Emissions of Gaseous and Particulate Pollutants) Regulations 1999^f126

	Energy Information (Dishwashers) Regulations 1999^f127

	Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001^f128

	Energy Information (Household Electric Ovens) Regulations 2003^f129

	Packaging (Essential Requirements) Regulations 2003^f130

	Energy Information (Household Refrigerators and Freezers) Regulations 2004^f131

	Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004^f132

	Energy Information (Household Air Conditioners) (No. 2) Regulations 2005^f133

Estate agents

	Estate Agents Act 1979^f134

	Property Misdescriptions Act 1991^f135

Fish and fisheries

	Sea Fisheries Regulation Act 1966^f136

Food standards and safety

	Slaughter of Poultry Act 1967^f137

	Slaughterhouses Act 1974^f138

	Food Act 1984^f139

	Food Safety Act 1990^f140

	Food Standards Act 1999^f141

	Charges for Residues Surveillance Regulations 2006^f142

Housing

	Parts 8, 9 and 10 of the Housing Act 1985^f143

	Part 8 of the Housing Act 1996^f144

	Parts 2 to 5 of the Housing Act 2004^f145

Intellectual property

	Copyright, Designs and Patents Act 1988^f146

	Trade Marks Act 1994^f147

	Olympic Symbol etc (Protection) Act 1995^f148

Licensing

	Pedlars Act 1871^f149

	Petroleum (Transfer of Licences) Act 1936^f150

	House to House Collections Act 1939^f151

	Hypnotism Act 1952^f152

	Caravan Sites and Control of Development Act 1960^f153

	Riding Establishments Act 1964^f154

	Riding Establishments Act 1970^f155

	Local Government (Miscellaneous Provisions) Act 1976^f156

	Zoo Licensing Act 1981^f157

	Local Government (Miscellaneous Provisions) Act 1982^f158

	London Local Authorities Act 1990^f159

	London Local Authorities Act 1991^f160

	London Local Authorities Act 1994^f161

	London Local Authorities Act 1995^f162

	London Local Authorities Act 1996^f163

	Private Hire Vehicles (London) Act 1998^f164

	London Local Authorities Act 2000^f165

	Licensing Act 2003^f166

	London Local Authorities Act 2004^f167

	Gambling Act 2005^f168

	London Local Authorities Act 2007^f169

Public health and safety

	Town Police Clauses Act 1847^f170

	Explosives Act 1875^f171

	Police, Factories, etc (Miscellaneous Provisions) Act 1916^f172

	Celluloid and Cinematograph Film Act 1922^f173

	Explosives Act 1923^f174

	Public Health Act 1936^f175

	Agriculture (Miscellaneous Provisions) Act 1954^f176

	Mines and Quarries Act 1954^f177

	Factories Act 1961^f178

	Public Health Act 1961^f179

	London Government Act 1963^f180

	Office, Shops and Railway Premises Act 1963^f181

	Firearms Act 1968^f182

	Mines and Quarries (Tips) Act 1969^f183

	Defective Premises Act 1972^f184

	Poisons Act 1972^f185

	Part 9 of the Local Government Act 1972^f186

	Health and Safety at Work etc. Act 1974^f187

	Guard Dogs Act 1975^f188

	Safety at Sports Grounds Act 1975^f189

	Explosives (Age of Purchase &c.) Act 1976^f190

	Dangerous Wild Animals Act 1976^f191

	Refuse Disposal (Amenity) Act 1978^f192

	Firearms Act 1982^f193

	Part 2 of the Local Government Act 1985^f194

	Fire Safety and Safety of Places of Sport Act 1987^f195

	Crossbows Act 1987^f196

	Part 4 of the Local Government Act 1988^f197

	Dangerous Dogs Act 1991^f198

	Offshore Safety Act 1992^f199

	Clean Air Act 1993^f200

	Knives Act 1997^f201

	Part 1 of the Local Government Act 2000^f202

	Private Security Industry Act 2001^f203

	Tobacco Advertising and Promotion Act 2002^f204

	Fireworks Act 2003^f205

	London Olympic Games and Paralympic Games Act 2006^f206

	Part 1 of the Health Act 2006^f207

	Electro-Medical Equipment (EEC Requirements) Regulations 1988^f208

	Construction Products Regulations 1991^f209

	Simple Pressure Vessels (Safety) Regulations 1991^f210

	Supply of Machinery (Safety) Regulations 1992^f211

	Electrical Equipment (Safety) Regulations 1994^f212

	Gas Appliances (Safety) Regulations 1995^f213

	Pressure Equipment Regulations 1999^f214

	Medical Devices Regulations 2002^f215

	Personal Protective Equipment Regulations 2002^f216

	Chemicals (Hazard Information and Packaging for Supply) Regulations 2002^f217

	Recreational Craft Regulations 2004^f218

	Medicines (Advertising) Amendment Regulations 2004^f219

	Regulatory Reform (Fire Safety) Order 2005^f220

	Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005^f221

	Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005^f222

	Controls on Dangerous Substances and Preparations Regulations 2006^f223

Road transport

	Road Traffic (Foreign Vehicles) Act 1972^f224

	Highways Act 1980^f225

	Public Passenger Vehicles Act 1981^f226

	Transport Act 1981^f227

	Road Traffic Act 1988^f228

	Road Traffic Act (Consequential Provisions) Act 1988^f229

	Road Traffic Act 1991^f230

	Vehicles (Crime) Act 2001^f231

	Traffic Management Act 2004^f232

Water

	Water Industry Act 1991^f233

	Water Resources Act 1991^f234

Weights and measures

	Weights and Measures etc Act 1976^f235

	Weights and Measures Act 1985^f236

	Calibration of Tanks of Vessels (EEC Requirements) Regulations 1975^f237

	Measuring Container Bottles (EEC Requirements) Regulations 1977^f238

	Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977^f239

	Taximeters (EEC Requirements) Regulations 1979^f240

	Measuring Instruments (EEC Requirements) Regulations 1988^f241

	Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988^f242

	Units of Measurement Regulations 1995^f243

	Non-automatic Weighing Instruments Regulations 2000^f244

	Weights and Measures (Packaged Goods) Regulations 2006^f245

	Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006^f246

	Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006^f247

	Measuring Instruments (Automatic catchweighers) Regulations 2006^f248

	Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006^f249

	Measuring Instruments (Beltweighers) Regulations 2006^f250

	Measuring Instruments (Capacity Serving Measures) Regulations 2006^f251

	Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006^f252

	Measuring Instruments (Material Measures of Length) Regulations 2006^f253

	Measuring Instruments (Cold-water Meters) Regulations 2006^f254

	Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations 2006^f255

4

All the regulatory functions so far as exercisable by local authorities conferred by secondary legislation made under section 2(2) of the European Communities Act 1972^f1 in relation to food hygiene, food standards and animal feed.

Explanatory note

(This note is not part of the Order)

Section 21 of the Legislative and Regulatory Reform Act 2006^f1 (the “Act”) imposes a duty on any person exercising a specified regulatory function to have regard to the five principles of good regulation. The principles provide that regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent and should be targeted only at cases in which action is needed.

Section 22 of the Act enables a Minister of the Crown to issue a Code of Practice relating to the exercise of regulatory functions (the “Regulators’ Compliance Code”). This section imposes a duty on any person exercising a specified regulatory function to have regard to the Regulators’ Compliance Code when determining general policies or principles by reference to which that person exercises those functions.

Under section 22(3) of the Act, where a person exercises a regulatory function of setting standards or giving general guidance about the exercise of other regulatory functions, the duty to have regard to the Regulators’ Compliance Code applies directly to the exercise of that function of setting standards or giving general guidance.

This Order specifies the regulatory functions to which the duties in section 21 and 22 apply. Part 1 of the Schedule specifies the regulatory functions exercisable by relevant statutory regulators. Part 2 specifies the relevant regulatory functions exercisable by a Minister of the Crown. Parts 3 and 4 specify the relevant regulatory functions exercisable by local authorities.

A copy of the Regulators’ Compliance Code and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the Better Regulation Executive, Department for Business, Enterprise and Regulatory Reform, 1 Victoria Street, London, SW1H 0ET. The full impact assessment is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

Annotations to the whole text

Footnotes

Contents