Part 4

Regulatory burdens

Functions to which section 72 applies
73
1
Section 72 applies to the following regulatory functions—
a
the regulatory functions specified in subsection (2),
b
any regulatory function specified by a Minister of the Crown by order in accordance with this section, and
c
any regulatory function specified by the Welsh Ministers by order in accordance with this section.
2
The regulatory functions referred to in subsection (1)(a) are the regulatory functions exercised by—
a
the Gas and Electricity Markets Authority,
b
the Office of Fair Trading,
c
the Office of Rail Regulation,
d
the Postal Services Commission, and
e
the Water Services Regulation Authority,
other than any function exercised under competition law.
3
Any reference in subsection (2) to a regulatory function—
a
where the function is exercisable in Scotland, does not include the function if or to the extent that it relates to matters which are not reserved matters,
b
where the function is exercisable in Northern Ireland, does not include the function if or to the extent that it relates to matters which are transferred matters, and
c
where the function is exercisable in Wales, does not include the function if or to the extent that it relates to a Welsh ministerial matter.
4
A Minister of the Crown may not under this section specify—
a
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,
b
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, or
c
a regulatory function so far as exercisable in Wales, if or to the extent that the function relates to a Welsh ministerial matter.
5
The Welsh Ministers may only specify under this section a regulatory function if or to the extent that it relates to a Welsh ministerial matter.
6
Before making an order under this section the authority making the order must consult—
a
any person whose regulatory functions are to be specified in the order, and
b
such other persons as the authority considers appropriate.
7
An order under this section may make such consequential, supplementary, incidental or transitional provision (including provision amending any enactment) as the authority making it considers appropriate.
8
An order under this section is to be made by statutory instrument.
9
A statutory instrument containing an order under this section made by a Minister of the Crown may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
10
A statutory instrument containing an order under this section made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
11
In subsections (3) and (4)—
- “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998 (c. 46);
- “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998 (c. 47);
- “Wales” has the same meaning as in the Government of Wales Act 2006 (c. 32).