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The Economic Growth (Regulatory Functions) Order 2017

S.I. 2017/267 · Made 8 March 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2026.

Regulatory Reform

Made 8th March 2017

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. 3Sunset in relation to Part 1 of the Schedule: certain functions of the Office of Communications
  4. Signature
  5. Schedule
  6. 1Part 1
  7. 2Part 2
  8. 3Part 3
  9. Explanatory note

1Citation and commencementI1

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 functionsI1

(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.

3Sunset in relation to Part 1 of the Schedule: certain functions of the Office of CommunicationsF1

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

Signature

Prior

Parliamentary Under Secretary of State Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

1I1

All the regulatory functions exercisable by—

British Hallmarking Councilf1

F1The Building Safety Regulator

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

F2...

Environment Agencyf12

Financial Reporting Council Limitedf13

Food Standards Agencyf14

Forestry Commissionersf15

Gambling Commissionf16 other than any regulatory function under—

  • the National Lottery etc. Act 1993f17

  • Part 3 (National Lottery: Olympic Lotteries) of the Horserace Betting and Olympic Lottery Act 2004 f18

F3...

F4Gas and Electricity Markets Authority other than any regulatory function which is exercisable concurrently with the Competition and Markets Authority by virtue of—

  • section 36A of the Gas Act 1986

  • section 43 of the Electricity Act 1989

Groceries Code Adjudicatorf19

Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)f20

Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)f21

Health and Safety Executivef22

Her Majesty’s Land Registryf23

Her Majesty’s Revenue and Customsf24 under or by virtue of F5the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

...

Historic Buildings and Monuments Commission for Englandf25

Homes and Communities Agencyf26

Human Fertilisation and Embryology Authorityf27

Human Tissue Authorityf28

Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)f29

F6Information Commissionf30 other than any regulatory function under the Freedom of Information Act 2000f31

Marine Management Organisationf32

Natural Englandf33

Northern Lighthouse Board

Office for Nuclear Regulationf34

Office for Standards in Education, Children’s Services and Skillsf35

F7Office for Students

F8Office of Communications other than any regulatory function—

  • under Part 3 of the Enterprise Act 2002

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

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

Office of Qualifications and Examinations Regulationf36 other than any regulatory function which concerns a fee capping condition under sections 132 to 136 of the Apprenticeships, Skills, Children and Learning Act 2009f37

Office of Rail and Roadf38 in connection with railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005f39) that are exercisable under or by virtue of—

  • the Railways Act 1993f40;

  • the Railways Act 2005; or

  • the Health and Safety at Work etc Act 1974f41.

Oil and Gas Authorityf42

Registrars of companiesf43

Regulator of Community Interest Companiesf44

Security Industry Authorityf45

Sports Grounds Safety Authorityf46

Traffic Commissionersf47

F9The Secretary of State under or by virtue of the labour market legislation listed in Part 1 of Schedule 7 to the Employment Rights Act 2025

The Trinity House (as defined in section 223(1) of the Merchant Shipping Act 1995)f48

Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)f49

F10Water Services Regulation Authority 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 1991

2I1

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

3I1

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.