STATUTORY INSTRUMENTS 2007 No. 3544 REGULATORY REFORM The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 Made - - - - 18th December 2007 Coming into force - - 6th April 2008 The Minister for the Cabinet Office makes the following Order, in exercise of the powers conferred by section 24(2) of the Legislative and Regulatory Reform Act 2006(a). In accordance with section 24(6) of that Act, he has consulted the persons whose functions are specified in this Order and such other persons as he considered appropriate. In accordance with section 24(9) of that Act, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 and comes into force on 6th April 2008. (2) In this Order— “local authority” means— (a) a county or district council in England; (b) a London borough council; (c) the Common Council of the City of London; (d) the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; (e) the Council of the Isles of Scilly; (f) a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); and (g) an authority established under section 10 of the Local Government Act 1985(b) (waste disposal authorities for Greater London and metropolitan counties). Regulatory functions 2. Subject to articles 3 and 4, any regulatory function specified in the Schedule to this Order is a function to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply. (a) 2006 c.51. (b) 1985 c.51. 3. Article 2 shall not apply to any regulatory function exercisable by Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument under a public general Act or local Act. 4. Article 2 shall not apply to any regulatory function— (a) so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters; (b) so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or (c) exercisable only in or as regards Wales. Phil Hope Parliamentary Secretary for the Cabinet Office 18th December 2007 and Minister for the Third Sector 2 SCHEDULE Article 2 PART 1 All the regulatory functions exercisable by the— Charity Commission for England and Wales(a) Civil Aviation Authority(b) other than any regulatory function under— Part 4 of the Airports Act 1986(c) Part 1 of the Transport Act 2000(d) The Airports (Ground Handling) Regulations 1997(e) The Single European Sky (National Supervisory Authority) Regulations 2004(f) The Single European Sky (Functions of the National Supervisory Authority) Regulations 2006(g) Commission for Equality and Human Rights(h) Director of the Assets Recovery Agency(i) Environment Agency(j) Financial Services Authority(k) Fire and rescue authorities(l) in England Food Standards Agency(m) Football Licensing Authority(n) Forestry Commission(o) Gambling Commission(p) Gangmasters Licensing Authority(q) Health and Safety Commission(r) Health and Safety Executive(s) other than any regulatory function exercised under or by virtue of— Section 2 of or Schedule 1 to the Nuclear Installations Act 1965(t) The Import of Goods (Control) Order 1954(u) (a) See section 1A Charities Act 1993 (c.10). (b) See section 2 Civil Aviation Act 1982 (c.16). (c) 1986 c.31. (d) 2000 c.38. (e) S.I. 1997/2389. (f) S.I. 2004/1958. (g) S.I. 2006/3104. (h) See section 1 Equality Act 2006 (c.3). (i) See section 1 Proceeds of Crime Act 2002 (c.29). (j) See section 1 Environment Act 1995 (c.25). (k) See section 1 Financial Services and Markets Act 2000 (c.8). (l) See definition under section 1 of the Fire and Rescue Service Act 2004 (c.21). (m) See section 1 Food Standards Act 1999 (c.28). (n) See section 8 Football Spectators Act 1989 (c.37). (o) See section 1 Forestry Act 1967 (c.10). (p) See section 20 Gambling Act 2005 (c.19). (q) See section 1 Gangmasters (Licensing) Act 2004 (c.11). (r) See section 10 Health and Safety at Work etc. Act 1974 (c.37). (s) See section 10 Health and Safety at Work etc. Act 1974 (c.37). (t) 1965 c.57. (u) S.I. 1954/627. 3 The Nuclear Industries Security Regulations 2003(a) Regulations 4 and 5 of the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004(b) Hearing Aid Council(c) Historic Buildings and Monuments Commission for England (“English Heritage”)(d) Housing Corporation(e) Human Fertilisation and Embryology Authority(f) Human Tissue Authority(g) Information Commissioner(h) other than any regulatory function under the Freedom of Information Act 2000(i) Natural England(j) Office of Fair Trading(k) other than any regulatory function under competition or merger law Pensions Regulator(l) Registrar of companies for England and Wales(m) Registrar of companies for Northern Ireland(n) Registrar of companies for Scotland(o) Security Industry Authority(p) United Kingdom Sports Council(q) A person authorised by the Secretary of State under section 245C of the Companies Act 1985(r) for the purposes of section 245B of that Act A person authorised by the Secretary of State under section 457 of the Companies Act 2006(s) for the purposes of section 456 of that Act A body designated by the Secretary of State for the purposes of section 1252 of the Companies Act 2006 PART 2 All the regulatory functions under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under those enactments) or pursuant to the following Community instruments, so far as exercisable by a Minister of the Crown— (a) S.I. 2003/403. (b) S.I. 2004/1818. (c) See section 1 Hearing Aid Council Act 1968 (c.50). (d) See section 32 National Heritage Act 1983 (c.47). (e) See section 74 and Schedule 6 Housing Associations Act 1985 (c.69). (f) See section 5 Human Fertilisation and Embryology Act 1990 (c.37). (g) See section 13 Human Tissue Act 2004 (c.30). (h) See section 18 Freedom of Information Act 2000 (c.36). (i) 2000 c.36. (j) See section 1 Natural Environment and Rural Communities Act 2006 (c.16). (k) See section 1 Enterprise Act 2002 (c.40). (l) See section 1 Pensions Act 2004 (c.35). (m) See section 1060 Companies Act 2006 (c.46). (n) See section 1060 Companies Act 2006 (c.46). (o) See section 1060 Companies Act 2006 (c.46). (p) See section 1 Private Security Industry Act 2001 (c.12). (q) Established by Royal Charter dated 23 July 1996 (article 1). (r) 1985 c.6. (s) 2006 c.46. 4 Agricultural wages Agricultural Wages Act 1948(a) Agriculture Public Health Act 1936(b) Sections 98 to 101 and 106 of the Agriculture Act 1947(c) Pests Act 1954(d) Weeds Act 1959(e) Agriculture and Horticulture Act 1964(f) Farm Land and Rural Development Act 1988(g) Farm Woodland Scheme 1988(h) Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992(i) Farm Woodland Premium Scheme 1992(j) Habitat (Water Fringe) Regulations 1994(k) Habitat (Former Set-Aside Land) Regulations 1994(l) Habitat (Salt-Marsh) Regulations 1994(m) Nitrate Sensitive Areas Regulations 1994(n) Pig Carcase (Grading) Regulations 1994(o) Countryside Access Regulations 1994(p) Conservation (Natural Habitats, &c.) Regulations 1994(q) Moorland (Livestock Extensification) Regulations 1995(r) Farm Woodland Premium Scheme 1997(s) Rural Development Grants (Agriculture and Forestry) Regulations 2000(t) Energy Crops Regulations 2000(u) Rural Enterprise Regulations 2000(v) England Rural Development Programme (Enforcement) Regulations 2000(w) Vocational Training Grants (Agriculture and Forestry) Regulations 2000(x) (a) 1948 c.47. (b) 1936 c.49. (c) 1947 c.48. (d) 1954 c.68. (e) 1959 c.54. (f) 1964 c.28. (g) 1988 c.16. (h) S.I. 1988/1291. (i) S.I. 1992/314. (j) S.I. 1992/905. (k) S.I. 1994/1291. (l) S.I. 1994/1292. (m) S.I. 1994/1293. (n) S.I. 1994/1729. (o) S.I. 1994/2155. (p) S.I. 1994/2349. (q) S.I. 1994/2716. (r) S.I. 1995/904. (s) S.I. 1997/829. (t) S.I. 2000/2907. (u) S.I. 2000/3042. (v) S.I. 2000/3043. (w) S.I. 2000/3044. (x) S.I. 2000/3045. 5 Agricultural Processing and Marketing Grants Regulations 2000(a) Beef Labelling (Enforcement) (England) Regulations 2000(b) Countryside Stewardship Regulations 2000(c) Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001(d) Rural Development Grants (Local Communities) Regulations 2001(e) Dairy Produce Quotas (General Provisions) Regulations 2002(f) Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003(g) Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004(h) Beef Carcase (Classification) (England) Regulations 2004(i) Common Agricultural Policy Single Payment and Support Schemes (Appeals) (England) Regulations 2004(j) Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004(k) Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005(l) Common Agricultural Policy Single Payment and Support Schemes Regulations 2005(m) Dairy Produce Quotas Regulations 2005(n) Environmental Stewardship (England) Regulations 2005(o) Sheep and Goats (Records, Identification and Movement) (England) Order 2005(p) Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005(q) Rural Development (Enforcement) (England) Regulations 2007(r) Cattle Identification Regulations 2007(s) Hill Farm Allowance Regulations 2007(t) Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products(u) Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(v) (a) S.I.