Regulatory Enforcement and Sanctions Act 2008

4 “Relevant function”

(1) In this Part “relevant function”, in relation to a local authority in England or Wales, means—

(a) a function under a relevant enactment of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to any activity, or

(b) a function 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 subsection (1) “relevant enactment” means—

(a) an enactment specified in Schedule 3 or an enactment made under such an enactment;

(b) an enactment to which subsection (3) applies.

(3) This subsection applies to any enactment made under section 2(2) of the European Communities Act 1972 (c. 68) with respect to any of the following matters—

(a) agricultural produce (quality standards and labelling);

(b) animal health and welfare;

(c) animal feed;

(d) consumer protection;

(e) environmental protection;

(f) food hygiene and standards;

(g) public health and safety;

(h) weights and measures (including measuring instruments).

(4) The Secretary of State may by order—

(a) amend Schedule 3 so as to add any enactment to it or to remove any enactment from it;

(b) amend subsection (3) so as to add any matter to it or remove any matter from it.

(5) An order under subsection (4) may make different provision for different purposes (including different provision in relation to local authorities in England and Wales respectively).

(6) An order under subsection (4) requires the consent of the Welsh Ministers to make provision, in relation to local authorities in Wales, in respect of a Welsh ministerial matter.

(7) The Secretary of State may by order determine whether, for the purposes of subsection (3), an enactment made under section 2(2) of the European Communities Act 1972 is made with respect to any of the matters specified in that subsection.

(8) An order under subsection (7) requires the consent of the Welsh Ministers where—

(a) the determination affects the application of this Part in relation to local authorities in Wales, and

(b) the enactment made under section 2(2) of the European Communities Act 1972 relates to a Welsh ministerial matter.

(9) In subsection (1)—

(a) references to a function do not include a function of conducting criminal or civil proceedings;

(b) references to an activity include providing goods and services and employing or offering employment to any person.