Explanatory Notes

Regulatory Enforcement and Sanctions Act 2008

2008 CHAPTER 13

21 July 2008

Commentary on Sections

Part 4: Regulatory Burdens

Section 73: Functions to which section 72 applies

182.This section applies the duty in section 72 to those functions carried out by regulators listed in subsection (2). Subsection (1)(b) confers on a Minister of the Crown the power to specify regulatory functions in respect of which the duty in section 72 should apply. Subsections (3), (4) and (5) set out the arrangements in respect of Scotland, Northern Ireland and Wales.

183.Subsection (6) requires that the Minister consult the person whose regulatory functions are to be specified in the order and such other persons as are considered appropriate before making an order. An order may make such consequential amendments as are necessary. Subsections (7) – (9) specify the procedural requirements that apply in respect of the order-making power in this section.