The Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

Regulatory functions

This section has no associated Explanatory Memorandum

3.—(1) The following are specified in relation to a local authority in Scotland—

(a)any regulatory function exercised by that authority under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, and

(b)any regulatory function exercised by that authority which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which under or by virtue of a relevant enactment relate to any activity.

(2) In paragraph (1) “relevant enactment” means an enactment specified in Schedule 1 or an enactment made under such an enactment.

(3) In paragraph (1) “regulatory function” means, in relation to a relevant enactment specified in—

(a)Part 1 of Schedule 1, any function;

(b)Part 2 of Schedule 1, any function which relates to the protection of consumers;

(c)Part 3 of Schedule 1, any function which relates to the granting of licences or permits under those enactments;

(d)Part 4 of Schedule 1, any function which relates to product safety, compliance with standards, product labelling or weights and measures;

(e)Part 5 of Schedule 1, any function which relates to the regulation of business associations;

(f)Part 6 of Schedule 1, any function which relates to price indications;

(g)Part 7 of Schedule 1, any function which does not relate to the encouragement of and observance of equal opportunities requirements.

(4) Paragraph (1) shall not apply if or to the extent that a specified function relates to matters which are not reserved matters.