Citation and commencement

1.  This Order may be cited as the Economic Growth (Regulatory Functions) Order 2017 and comes into force on the twenty first day after the day on which they are made.

Regulatory functions

2.-(1) Section 108 of the Deregulation Act 2015 (exercise of regulatory functions: economic growth) applies to the regulatory functions specified in the Schedule.

(2) Paragraph (1) does not apply to any regulatory function exercisable under an Act to make subordinate legislation.

(3) Paragraph (1) does not apply to any regulatory function-

(a)so far as exercisable in Scotland, if or to the extent that the functions relate to matters which are not reserved matters;

(b)so far as exercisable in Northern Ireland, if or to the extent that the function relate to matters which are transferred matters; or

(c)so far as exercisable in Wales, if or to the extent that the function relates to matters which are devolved Welsh matters.

Article 2(1)

SCHEDULE

PART 1

All the regulatory functions exercisable by-

British Hallmarking Council(2)

Care Quality Commission(3)

Charity Commission for England and Wales(4)

Civil Aviation Authority(5) other than any regulatory function under-

• Part 1 (air traffic) of the Transport Act 2000(6)

• Part 1 (airports) of the Civil Aviation Act 2012(7)

• the Airports (Groundhandling) Regulations 1997(8)

• the Civil Aviation (Allocation of Scarce Capacity) Regulations 2007(9)

• the Airport Charges Regulations 2011(10)

Coal Authority(11)

Commissioners of Irish Lights

Comptroller-General of Patents, Designs and Trade Marks(12)

Director of Fair Access to Higher Education(13)

Environment Agency(14)

Financial Reporting Council Limited(15)

Food Standards Agency(16)

Forestry Commissioners(17)

Gambling Commission(18) other than any regulatory function under-

• the National Lottery etc. Act 1993(19)

• Part 3 (National Lottery: Olympic Lotteries) of the Horserace Betting and Olympic Lottery Act 2004 (20)

Gangmasters and Labour Abuse Authority(21)

Groceries Code Adjudicator(22)

Guardians of the Standard of Wrought Plate in Birmingham (the Birmingham Assay Office)(23)

Guardians of the Standard of Wrought Plate within the town of Sheffield (the Sheffield Assay Office)(24)

Health and Safety Executive(25)

Her Majesty's Land Registry(26)

Her Majesty's Revenue and Customs(27) under or by virtue of the Money Laundering Regulations 2007(28)

Higher Education Funding Council for England(29)

Historic Buildings and Monuments Commission for England(30)

Homes and Communities Agency(31)

Human Fertilisation and Embryology Authority(32)

Human Tissue Authority(33)

Incorporation of Goldsmiths of the City of Edinburgh (the Edinburgh Assay Office)(34)

Information Commissioner(35) other than any regulatory function under the Freedom of Information Act 2000(36)

Marine Management Organisation(37)

Natural England(38)

Northern Lighthouse Board

Office for Nuclear Regulation(39)

Office for Standards in Education, Children's Services and Skills(40)

Office of Qualifications and Examinations Regulation(41) other than any regulatory function which concerns a fee capping condition under sections 132 to 136 of the Apprenticeships, Skills, Children and Learning Act 2009(42)

Office of Rail and Road(43) in connection with railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005(44)) that are exercisable under or by virtue of-

• the Railways Act 1993(45);

• the Railways Act 2005; or

• the Health and Safety at Work etc Act 1974(46).

Oil and Gas Authority(47)

Registrars of companies(48)

Regulator of Community Interest Companies(49)

Security Industry Authority(50)

Sports Grounds Safety Authority(51)

Traffic Commissioners(52)

The Trinity House (as defined in section 223(1) of the Merchant Shipping Act 1995)(53)

Wardens and Commonalty of the Mystery of Goldsmiths of the City of London (the London Assay Office)(54)

PART 2

All the regulatory functions exercisable by-

a person appointed by the Secretary of State under section 86(1) or (1A) of the Water Industry Act 1991(55)

a body designated by the Secretary of State under section 1252 of the Companies Act 2006(56)

a person authorised by the Secretary of State under section 457 of the Companies Act 2006(57)

PART 3

All the regulatory functions, other than a regulatory function exercisable in relation to a general customs matter within the meaning of section 1(2) of the Borders, Citizenship and Immigration Act 2009 (general customs functions of the Secretary of State)(58), exercisable by a Minister of the Crown pursuant to the following EU instruments or under or by virtue of the following enactments (including any regulatory function conferred by subordinate legislation made under these enactments)-

Agriculture

Sections 98 to 101 and 106 of the Agriculture Act 1947(59)

Pests Act 1954(60)

Weeds Act 1959(61)

Agriculture and Horticulture Act 1964(62)

Dairy Produce Quotas (General Provisions) Regulations 2002(63)

Dairy Produce Quotas Regulations 2005(64)

Cattle Identification Regulations 2007(65)

Official Feed and Food Controls (England) Regulations 2009(66)

Beef and Pig Carcase Classification (England) Regulations 2010(67)

Beef and Veal Labelling Regulations 2010(68)

Conservation of Habitats and Species Regulations 2010(69)

Environmental Permitting (England & Wales) Regulations 2010(70)

Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs(71)

Animal health and welfare

Destructive Imported Animals Act 1932(72)

Conservation of Seals Act 1970(73)

Bees Act 1980(74)

Animal Health Act 1981(75)

Wildlife and Countryside Act 1981(76)

Zoo Licensing Act 1981(77)

Animal Health and Welfare Act 1984(78)

Protection of Badgers Act 1992(79)

Animal Welfare Act 2006(80)

Registration of Establishments (Laying Hens) (England) Regulations 2003(81)

Avian Influenza (Preventive Measures) (England) Regulations 2006(82)

Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006(83)

Official Controls (Animals, Feed, and Food) (England) Regulations 2006(84)

Bluetongue Regulations 2008(85)

Eggs and Chicks Regulations (England) 2009(86)

Transmissible Spongiform Encephalopathies (England) Regulations 2010(87)

Non-Commercial Movement of Pet Animals Order 2011(88)

Trade in Animal and Related Products Regulations 2011(89)

Veterinary Medicines Regulations 2013(90)

Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015(91)

Regulation (EC) No 1831/2003 of the European Parliament and of the Council of additives for use in animal nutrition(92)

Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/452/EEC(93)

Regulation (EC) No 882/2004 of the European Parliament and Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(94)

Commission Regulation (EC) No 1950/2006 establishing, in accordance with Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products, a list of substances essential for the treatment of equidae(95)

Commission Regulation EC 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs(96)

Commission Regulation EC No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards of eggs for hatching and farmyard poultry chicks(97)

Commission Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products(98)

Claims Management Services

Part 2 (claims management services) of the Compensation Act 2006(99)

Companies and other businesses

Parts 5 (a company's name), 41 (business names) and 42 (statutory auditors) of the Companies Act 2006(100)

Employment

Employment Agencies Act 1973(101)

National Minimum Wage Act 1998 other than any regulatory function under sections 5 to 8(102)

Fish and fisheries

Sea Fisheries (Shellfish) Act 1967(103)

Sea Fisheries Act 1968(104)

Fishery Limits Act 1976(105)

Import of Live Fish (England and Wales) Act 1980(106)

Fisheries Act 1981(107)

Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005(108)

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(109) other than any regulatory function in Part 5 (licences) exercisable in connection with the licensing of anything done in the course of carrying on an activity specified in regulation 49(16), sub-paragraphs (a) to (f) and those in Part 6 (enforcement and supplementary provision relating to criminal offences) concerning the enforcement of these regulations as they apply in respect of the activities specified in regulation 49(16), sub-paragraphs (a) to (f), including the appointment of wildlife officers for this purpose

Aquatic Animal Health (England and Wales) Regulations 2009(110)

Food standards and safety

Food and Environment Protection Act 1985(111)

Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008(112)

Detergents Regulations 2010(113)

Plant Protection Products Regulations 2011(114)

Plant Protection Products (Sustainable Use) Regulations 2012/1657(115)

Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013(116)

Horticulture

Horticultural Produce Act 1986(117)

Marketing of Fresh Horticultural Produce Regulations 2009(118)

Organic Products Regulations 2009(119)

Insolvency

Part 13 (insolvency practitioners and their qualification) of the Insolvency Act 1986(120)

Marine transport

Harbours Act 1964(121)

Hovercraft Act 1968(122)

Protection of Wrecks Act 1973(123)

Dangerous Vessels Act 1985(124)

Aviation and Maritime Security Act 1990(125)

Merchant Shipping Act 1995(126) other than any regulatory function in Part VI (prevention of pollution) (or enactments made thereunder) when exercised in connection with ships which are offshore installations within the meaning of that Act or any regulatory function in Part X (enforcement officers and powers) of that Act exercisable in connection with the appointment of inspectors in relation to offshore installations

Railways and Transport Safety Act 2003(127)

Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984(128)

Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995(129)

Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995(130)

Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997(131)

Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997(132)

Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997(133)

Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999(134)

Merchant Shipping (Marine Equipment) Regulations 1999(135)

Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001(136)

Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002(137)

Merchant Shipping (Hours of Work) Regulations 2002(138)

Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(139)

Merchant Shipping (Working Time: Inland Waterways) Regulations 2003(140)

Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004(141)

Merchant Shipping (High Speed Craft) Regulations 2004(142)

Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(143)

Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006(144)

Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007(145)

Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007(146)

Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007(147)

Medicines

Medicines Act 1968(148)

Good Laboratory Practice Regulations 1999(149)

Medical Devices Regulations 2002(150)

Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003(151)

Medicines for Human Use (Clinical Trials) Regulations 2004(152)

Blood Safety and Quality Regulations 2005(153)

Human Medicines Regulations 2012(154)

Regulation (EC) No 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency(155)

Regulation (EC) No 1901/2006 of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004(156)

Outer Space

Outer Space Act 1986(157)

Plant health

Plant Varieties and Seeds Act 1964(158)

Plant Health Act 1967(159)

Plant Varieties Act 1997(160)

Marketing of Vegetable Plant Material Regulations 1995(161)

Marketing of Ornamental Plant Propagating Material Regulations 1999(162)

Potatoes Originating in Egypt (England) Regulations 2004(163)

Marketing of Fruit Plant Material Regulations 2010(164)

Seed Marketing Regulations 2011(165)

Road transport

Part 6 (drivers' hours) of the Transport Act 1968(166)

Road Traffic (Foreign Vehicles) Act 1972(167)

International Carriage of Perishable Foodstuffs Act 1976(168)

Public Passenger Vehicles Act 1981(169)

Transport Act 1982(170)

Road Traffic Regulation Act 1984(171)

Transport Act 1985(172)

Parts 2 (construction and use of vehicles and equipment), 3 (licensing of drivers of vehicles), 4 (licensing of drivers of large goods vehicles and passenger-carrying vehicles), 5 (driving instruction), 6 (third-party liabilities) and 7 (miscellaneous and general) of the Road Traffic Act 1988(173)

Transport Act 2000(174)

Vehicles (Crime) Act 2001(175)

Sections 174 to 181 of the Equality Act 2010(176)

Motor Vehicles (International Circulation) Order 1975(177)

Passenger and Goods Vehicles (Recording Equipment) Regulations 1979(178)

Road Transport (International Passenger Services) Regulations 1984(179)

Goods Vehicles (Licensing of Operators) Regulations 1995(180)

Goods Vehicles (Licensing of Operators) Act 1995(181)

Motor Cycles Etc. (EC Type Approval) Regulations 1999(182)

End-of-Life Vehicles Regulations 2003(183)

Road Transport (Working Time) Regulations 2005(184)

Vehicle Drivers (Certificates of Professional Competence) Regulations 2007(185)

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(186)

Road Vehicles (Approval) Regulations 2009(187)

Weights and measures

Weights and Measures Act 1985(188)

Measuring Instruments (Cold-water Meters) Regulations 2006(189)

Wildlife

Endangered Species (Import and Export) Act 1976(190)

Birds (Registration Charges) Act 1997(191)

Control of Trade in Endangered Species (Enforcement) Regulations 1997(192)

Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein(193)

Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein(194)

Miscellaneous

Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012(195)

EXPLANATORY NOTE

(This note is not part of the Order)

Section 108 of the Deregulation Act 2015 (c.20) (the "Act") imposes a duty on any person exercising a regulatory function to have regard to the desirability of promoting economic growth.

Section 109 of the Act provides that by order, a Minister of the Crown may specify the regulatory functions to which the duty in section 108 applies. The term "regulatory function" is defined in section 111 of the Act.

This Order specifies regulatory functions to which the duties in Section 108 apply. Part 1 of the Schedule specifies regulatory functions exercisable by specified named regulators. Part 2 of the Schedule specifies regulatory functions exercisable by regulators who are not named but are included by virtue of legislation under which they exercise regulatory functions. Part 3 specifies regulatory functions exercisable by a Minister of the Crown.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at https://www.gov.uk/government/consultations/business-impact-target-growth-duty-and-small-business-appeals-champion.