The Economic Growth (Regulatory Functions) Order 2017
S.I. 2017/267 · Made 8 March 2017 · Extends to United Kingdom
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
Contents
- 1Citation and commencement
- 2Regulatory functions
- 3Sunset in relation to Part 1 of the Schedule: certain functions of the Office of Communications
- Signature
- Schedule
- 1Part 1
- 2Part 2
- 3Part 3
- 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
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.
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—
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
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
...
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
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
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.