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Regulatory Enforcement and Sanctions Act 2008

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This is the original version (as it was originally enacted).

24“Relevant function”

Explanatory NotesShow EN

(1)In this Part “relevant function”—

(a)in relation to a local authority in England or Wales, has the same meaning as in Part 1;

(b)in relation to a local authority in Scotland, means a regulatory function exercised by that authority and specified for the purposes of this Part by order made by the Secretary of State;

(c)in relation to a local authority in Northern Ireland, means a regulatory function exercised by that authority and specified for the purposes of this Part by order made by the Secretary of State.

(2)An order under subsection (1)(b) or (c) may only specify a regulatory function—

(a)which is a relevant function for the purposes of Part 1 in relation to local authorities in England or Wales or both, or

(b)which for the purposes of local authorities in Scotland or Northern Ireland is equivalent to such a function.

(3)An order under subsection (1)(b) may not specify a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters.

(4)An order under subsection (1)(c) may not specify a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters.

(5)In subsection (3) “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998 (c. 46).

(6)In subsection (4) “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998 (c. 47).

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