PART 2Regulatory reform
Review of business appeals procedures
18Power to specify regulatory functions
1
The Secretary of State may by regulations specify regulatory functions as functions to which section 17 applies.
2
“Regulatory function” has the same meaning in this section and section 17 as in the Legislative and Regulatory Reform Act 2006 (see section 32(2) to (4) of that Act).
3
Regulations under this section may, in particular, specify a regulatory function by reference to—
a
the person who exercises the function;
b
the enactment under or by virtue of which it was conferred.
4
Regulations under this section must not specify a regulatory function of the Commission for Equality and Human Rights.
5
Regulations under this section must not specify a regulatory function which is—
a
a Scottish devolved function, that is to say a function the exercise of which would be within devolved competence (within the meaning of section 54 of the Scotland Act 1998),
b
a Northern Ireland devolved function, that is to say a function which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), or
c
a Welsh devolved function, that is to say a function which could be conferred by provision falling within the legislative competence of the National Assembly for Wales (see section 108 of the Government of Wales Act 2006).
6
Regulations under this section are subject to affirmative resolution procedure.