The Regulatory Enforcement and Sanctions Act 2008 (Amendment of Schedule 3) Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/2215
Year2013

2013 No. 2215

Regulatory Reform

The Regulatory Enforcement and Sanctions Act 2008 (Amendment of Schedule 3) Order 2013

Made 4th September 2013

Coming into force 1st October 2013

The Secretary of State, in exercise of the powers conferred by section 4(4)(a) of the Regulatory Enforcement and Sanctions Act 20081and with the consent of the Welsh Ministers2, makes the following Order.

In accordance with section 20(3) of the Regulatory Enforcement and Sanctions Act 2008, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Regulatory Enforcement and Sanctions Act 2008 (Amendment of Schedule 3) Order 2013 and comes into force on 1st October 2013.

S-2 Amendments to Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

Amendments to Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

2.—(1) Schedule 33to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for purposes of section 4(1): definition of “relevant function”) is amended as follows.

(2) In the appropriate places, insert—

“Single Use Carrier Bags Charge (Wales) Regulations 2010 ( S.I. 2010/2880)4”; and

“Sunbeds (Regulation) Act 2010 (c. 20)5”.

(3) In the entry relating to the Housing Act 20046, for “Parts 2 to 5” substitute “Parts 1 to 4”7.

Jo Swinson

Parliamentary Under-Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

4th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 ( 2008 c. 13) (“the Act”), adding legislation to the list in that Schedule. Enactments listed in Schedule 3, and the provisions of any secondary legislation made under a listed Act, are “relevant enactments” for the purposes of the definition in section 4 of the Act of a “relevant function” of a local authority in England or Wales. The definition of “relevant function” applies for the purposes of Parts 1 and 2 of the Act. It covers particular regulatory functions under any “relevant enactment” in relation to any activity, such as a statutory function of giving guidance in relation to an activity. It also covers functions relating to (broadly speaking) the enforcement of any restrictions or requirements which, under or by virtue of any “relevant enactment”, relate to an activity.

Under Part 1 of the Act the Secretary of State and the Welsh Ministers have powers and...

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