Exercise of regulatory functions

109Functions to which section 108 applies

1

A Minister of the Crown may by order specify the regulatory functions to which section 108 applies.

2

Before making an order under subsection (1), the Minister must consult—

a

any person exercising functions to be specified in the order, and

b

such other persons as the Minister considers appropriate.

3

An order under this section may not 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;

c

a regulatory function so far as exercisable in Wales, if or to the extent that the function F1could be conferred by provision falling within the legislative competence of the National Assembly for Wales.

4

An order under this section must be made by statutory instrument.

5

A statutory instrument containing an order under this section may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

6

In this section—

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998;

  • “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998;

  • “Wales” has the same meaning as in the Government of Wales Act 2006.