Regulations to encourage or improve regulatory consistency

1Power as respects consistency in regulatory functions

(1)The Scottish Ministers may by regulations make any provision which they consider will encourage or improve consistency in the exercise by regulators of regulatory functions.

(2)Regulations under subsection (1)—

(a)must specify the regulators to which they apply,

(b)may specify regulatory functions in respect of which they are, or are not, to apply,

(c)may prescribe the forms, procedure or other arrangements in respect of which a regulator is to impose, set, secure compliance with or enforce a regulatory requirement (including the manner in which and extent to which fees may be charged or costs recovered),

(d)may require a regulator to co-operate, or co-ordinate activity, with other regulators or the Scottish Ministers (including providing information to the Scottish Ministers).

(3)Before making regulations under subsection (1), the Scottish Ministers must consult—

(a)the regulators to which the regulations would apply,

(b)such persons or bodies as appear to the Scottish Ministers to represent the interests of persons substantially affected by the proposed regulations,

(c)such other persons or bodies as the Scottish Ministers consider appropriate.

(4)For the purposes of subsection (1), “consistency” includesconsistency—

(a)in the way in which particular regulators, their employees or their agents impose, set, secure compliance with or enforce a regulatory requirement,

(b)in the way in which different regulators, or the employees or agents of different regulators, impose, set, secure compliance with or enforce a regulatory requirement.

(5)In this Part—

(6)In the definition of “regulatory functions” in subsection (5), “activity” includes—

(a)providing goods and services, and

(b)employing or offering employment to any person.