List of Primary Authority Categories

Transcription

1 October 2015

2 List of Primary Authority Categories This list of Primary Authority Categories is published by BRDO in support of the Primary Authority Statutory Guidance and defines the categories of relevant function in relation to which a local authority can be nominated as a primary authority. The list includes information on the scope and geographic applicability of each of the 23 categories. It also includes, for each category, an indication of any relevant national regulator for the purposes of the following sections of the statutory guidance: sections 15.2 and 24.3 (consultation by the Secretary of State in relation to applications for nomination); section (engagement by the primary authority in relation to its development of an inspection plan); section (consultation by the Secretary of State in relation to an inspection plan submitted for consent); and section (notification by the Secretary of State of revocation of an inspection plan). Age restricted products Relevant enactments (including secondary legislation) that control the sale and supply of goods that have an age restriction associated with them Not including knives Unitary 1 and county Some applicability in Scotland where matter is reserved none Age restricted services Relevant enactments (including secondary legislation) that control the supply of services that have an age restriction associated with them, including gambling and sunbed tanning Some applicability in Scotland where matter is reserved Gambling Commission (in relation to gambling only) 1 As defined in section 3 of the Regulatory Enforcement and Sanctions Act 2008.

3 Agriculture Relevant enactments (including secondary legislation) concerning the manufacture, composition and labelling of animal feed and fertilisers, and food hygiene at primary producers Food Standards Agency Animal establishments Relevant enactments (including secondary legislation) concerning the licensing or registration of animal establishments, including boarding, dog breeding and riding establishments, pet shops and zoos, and the welfare of animals in connection with those establishments none Animal health and welfare Relevant enactments (including secondary legislation) concerning the movement, importation, marking and transport of livestock and other animals and animal products; the control of animal disease; and, the welfare of animals, including performing animals Not including the welfare of animals at registered or licensed establishments which fall under the Animal Establishments category Animal & Plant Health Agency, Food Standards Agency Environmental protection Relevant enactments (including secondary legislation) concerning environmental protection, including the control of noise, pollution (other than permitting), statutory nuisance, contaminated land, waste (other than animal by-products) Not including matters which fall under the Pollution Control category Not including matters in relation to animal by-products which fall under the Animal Health & Welfare category Environment Agency

4 Environmental protection (Welsh Regulations) Relevant enactments (including secondary legislation) of the Welsh Government concerning environmental protection, including in relation to single use carrier bag charges Unitary Within scope of Primary Authority for Wales Not within scope of Primary Authority for England, Scotland or Northern Ireland Natural Resources Wales Explosives licensing Relevant enactments (including secondary legislation) concerning local authority licensing and storage of explosives Unitary, county and fire and rescue authorities Health & Safety Executive Fair trading Relevant enactments (including secondary legislation) concerning business operations including pricing, description of goods and services, trading practices, intellectual property, misleading and excess packaging, consumer credit, and environmental standards eg. energy labelling; and, in England, legislation relating to single use carrier bag charging. Competition and Markets Authority Fire safety Relevant enactments (including secondary legislation) concerning fire safety at nondomestic premises Not including process fire safety Fire and rescue authorities none

5 Food safety and hygiene Relevant enactments (including secondary legislation) concerning the safety and hygiene of food, the controls under which food is manufactured, prepared and sold, and matters of pest control at food premises Food Standards Agency Food standards Relevant enactments (including secondary legislation) concerning the labelling and composition of food Food Standards Agency General licensing Relevant enactments (including secondary legislation) concerning local authority licensing Not including alcohol or gambling licensing 2 Not including matters which fall under the Explosives Licensing, Petrol Storage, Animal Establishments or General Licensing (Welsh Regulations) categories none General licensing (Welsh Regulations) Relevant enactments (including secondary legislation) of the Welsh Government concerning local authority licensing, including in relation to mobile homes Unitary Within scope of Primary Authority for Wales Not within scope of Primary Authority for England, Scotland or Northern Ireland none 2 The following legislative areas are within the scope of the Regulatory Enforcement and Sanctions Act 2008 but are excluded from the definition of enforcement under Primary Authority and are therefore outside the scope of the scheme: alcohol licensing; gambling licensing However, age restrictions provisions in relation to alcohol and gambling are in scope (see Age Restricted Products and Age Restricted Services categories)

6 Health, safety and welfare Relevant enactments (including secondary legislation) concerning the health, safety and welfare of workers and/or visitors to local authority-regulated premises, including process fire safety; pest control at non-food premises; Sunday trading; and, those aspects of public health which are the responsibility of local authorities Not including matters which fall under the Fire Safety or Petrol Storage categories Health & Safety Executive (in relation to occupational health and safety only) Housing Relevant enactments (including secondary legislation) concerning housing, provisions for area improvement, responsibilities of landlords, compulsory purchase, housing in multiple occupation, licensing of housing and the Housing Health and Safety Rating System none Metrology Relevant enactments (including secondary legislation) concerning the control of weighing and measuring equipment and the sale of goods by quantity National Measurement & Regulation Office Petrol storage Relevant enactments (including secondary legislation) concerning petrol storage certificates, and health and safety requirements in relation to petrol storage Unitary, county, district, fire and rescue authorities Health & Safety Executive

7 Pollution control Relevant enactments (including secondary legislation) concerning the permitting of premises with respect to pollution control none Product safety Relevant enactments (including secondary legislation) concerning the safety, labelling and importation of products Within scope of Primary Authority for England, Wales, Scotland and Northern Ireland none Public health (Welsh Regulations) Relevant enactments (including secondary legislation) of the Welsh Government concerning those aspects of public health which are the responsibility of local authorities, including in relation to sunbed tanning Unitary Within scope of Primary Authority for Wales Not within scope of Primary Authority for England, Scotland or Northern Ireland none Road traffic Relevant enactments (including secondary legislation) concerning the control of overloaded and inappropriately loaded vehicles Some applicability in Scotland none

8 Local Authority: 1 Unitary Council 2 County Council 3 District Council 4 Fire and Rescue Authority Geographic Scope: 5 England 6 Wales 7 Scotland 8 Northern Ireland Category: Age Restricted Products [1] Age Restricted Services [1] Agriculture Animal Establishments Animal Health & Welfare Environmental Protection Environmental Protection (Welsh Regulations) Explosives Licensing Fair Trading Fire Safety Food Safety & Hygiene Food Standards General Licensing General Licensing (Welsh Regulations) Health, Safety & Welfare Housing Metrology Petrol Storage Pollution Control Product Safety Public Health (Welsh Regulations) Road Traffic [1] [1] Some applicability