PART 2

Regulatory Enforcement

Introductory

“Relevant function”
22C
1
In this Part, “relevant function”—
a
in relation to a local authority in England or Wales, has the same meaning as in Part 1;
b
in relation to a local authority in Scotland, means a regulatory function exercised by that authority and specified for the purposes of this Part by regulations made by the Secretary of State;
c
in relation to a local authority in Northern Ireland, means a regulatory function exercised by that authority and specified for the purposes of this Part by regulations made by the Secretary of State;
d
in relation to a specified regulator, means a regulatory function exercised by that regulator and specified for the purposes of this Part by regulations made by the Secretary of State.
2
Regulations under subsection (1)(b) or (c) may only specify a regulatory function—
a
which is a relevant function for the purposes of Part 1 in relation to local authorities in England or Wales or both, or
b
which, for the purposes of local authorities in Scotland or Northern Ireland, is equivalent to such a function.
3
Regulations under subsection (1)(d) may only specify a regulatory function—
a
which is a relevant function for the purposes of Part 1 in relation to local authorities in England or Wales or both, or
b
which, for the purposes of the specified regulator, is equivalent to such a function.
4
Regulations under subsection (1)(b) or (d) may not specify a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters.
5
Regulations under subsection (1)(c) or (d) may not specify a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters.
6
Regulations under subsection (1)(d) require the consent of the Welsh Ministers to specify a regulatory function, so far as exercisable in relation to Wales, which relates to a devolved Welsh matter.
7
Regulations under subsection (1)(d) may make different provision for—
a
different purposes;
b
different areas.
Pt. 2 substituted (4.5.2016 for specified purposes, 1.10.2017 in so far as not already in force) by Enterprise Act 2016 (c. 12), ss. 20(1), 44(1)(c); S.I. 2017/473, reg. 3(b)