F1 [Part 2 U.K.Co-ordination of regulatory enforcement

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 Pt. 2: transfer of functions (1.4.2012) by The Local Better Regulation Office (Dissolution and Transfer of Functions, Etc.) Order 2012 (S.I. 2012/246), arts. 2, 4(1)(b), Sch. 1 (with Sch. 2)

Introductory U.K.

24 “Relevant function” U.K.

(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 order 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 order made by the Secretary of State.

(2) An order 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) An order under subsection (1)(b) 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.

(4) An order under subsection (1)(c) 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.

(5) In subsection (3) “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998 (c. 46).

(6) In subsection (4) “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998 (c. 47).

[F2 (7)References in this Part to “the relevant function”, in relation to the regulated person, are to the relevant function by reference to which the Secretary of State is satisfied that the person is within section 22(1) or (1A).]]

Textual Amendments

F2 S. 24(7) inserted (1.10.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 67(6), 103(3); S.I. 2013/2227, art. 2(d)

Commencement Information

I1 S. 24 wholly in force at 6.4.2009; s. 24 not in force at Royal Assent see s. 76(1); s. 24(1)(b)(c) in force at 1.10.2008 by S.I. 2008/2371, art. 2(b); s. 24 in force for all remaining purposes at 6.4.2009 by S.I. 2009/550, art. 2