The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

• Citation: S.I. 2007/3544
• Sections: 4

Section 1 Citation, commencement and interpretation

(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 county or district council in England;

a London borough council;

the Common Council of the City of London;

the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

the Council of the Isles of Scilly;

a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); ...

an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities for Greater London and metropolitan counties);

a county or county borough council in Wales;

a fire and rescue authority in Wales (not being a county or county borough council); and

a port health authority in Wales (not being a county or county borough council);

“ local authority in Scotland ” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

“ local authority in Northern Ireland ” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;

“ private sector bodies ” means bodies or persons other than the following bodies or persons—

any Minister of the Crown, Government department or other emanation of the Crown;

any local authority;

the Greater London Authority;

any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority, the Greater London Authority, or by a body corporate whose members are so appointed;

a company—

a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

a subsidiary of a company falling within paragraph (e) above;

“ third sector bodies ” means any organisations that exist wholly or mainly to provide benefits for society or the environment.

Section 2 Regulatory functions

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.

Section 3 Regulatory functions

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.

Section 4 Regulatory functions

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.