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

Citation, commencement and interpretation

1.  This Order may be cited as the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 and comes into force on 6th April 2009.

2.  In this Order “the Act” means the Regulatory Enforcement and Sanctions Act 2008.

Regulatory functions

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.

4.—(1) The following are specified in relation to a local authority in Northern Ireland—

(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—

(a) an enactment specified in Schedule 2 or an enactment made under such an enactment; and

(b) an enactment made under section 2(2) of the European Communities Act 1972(1) with respect to

(i) the safety of consumers in relation to goods, or

(ii) technical standards derived from European Community law, other than standards and requirements in relation to food, agricultural or horticultural produce, fish or fish products, seeds, animal feeding stuffs, fertilisers or pesticides).

(3) In paragraph (1) “regulatory function” means any function in relation to a relevant enactment set out in Schedule 2.

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

Stephen Carter

Minister for Communications, Technology and Broadcasting

Department for Business, Enterprise and Regulatory Reform

5th March 2009