List of Primary Authority Categories

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1 September 2013

2 List of Primary Authority Categories This list of Primary Authority Categories is published by BRDO in support of the Primary Authority 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 21 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 and secondary legislation that control the sale and supply of goods that have an age restriction associated with them Not including alcohol, knives Unitary 1 and county Within scope of Primary Authority for England and Wales Some applicability in Scotland where matter is reserved Not within scope of Primary Authority for Northern Ireland none Age restricted services Relevant enactments and secondary legislation that control the supply of services that have an age restriction associated with them, including gambling and sunbed tanning Unitary and district Within scope of Primary Authority for England and Wales Some applicability in Scotland where matter is reserved Not within scope of Primary Authority for Northern Ireland 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 and secondary legislation concerning the manufacture, composition and labelling of animal feed and fertilisers, and food hygiene at primary producers Unitary and county Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland Food Standards Agency Animal establishments Relevant enactments and 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 Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland none Animal health and welfare Relevant enactments and 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 Unitary and county Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland Animal Health & Veterinary Laboratories Agency, Food Standards Agency Consumer credit Relevant enactments and secondary legislation concerning the licensing and operation of consumer credit Unitary and county Within scope of Primary Authority for England, Wales and Scotland Not within scope of Primary Authority for Northern Ireland Office of Fair Trading

4 Environmental protection Relevant enactments and secondary legislation concerning environmental protection, including the control of noise, pollution (other than permitting), statutory nuisance, contaminated land, waste Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland Environment Agency Environmental protection (Welsh Regulations) Relevant enactments and secondary legislation of the Welsh Government concerning environmental protection 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 and secondary legislation concerning the licensing and storage of explosives Unitary, county and fire and rescue authorities Within scope of Primary Authority for England, Wales and Scotland Not within scope of Primary Authority for Northern Ireland Health & Safety Executive Fair trading Relevant enactments and secondary legislation concerning business operations including pricing, description of goods and services, trading practices, intellectual property, misleading and excess packaging, and environmental standards eg. energy labelling Unitary and county Within scope of Primary Authority for England, Wales and Scotland Not within scope of Primary Authority for Northern Ireland Office of Fair Trading

5 Food safety and hygiene Relevant enactments and 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 Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland Food Standards Agency Food standards Relevant enactments and secondary legislation concerning the labelling and composition of food Unitary and county Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland Food Standards Agency General licensing Relevant enactments and secondary legislation concerning the licensing of people, places and vehicles, including hackney carriage and private hire licensing, houseto-house collections, sex establishments, Sunday trading, charity collections, scrap metal dealers and pavement cafes Not including alcohol or gambling licensing 2 Not including matters which fall under the explosives licensing, petroleum licensing or animal establishments categories Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for 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

6 Health, safety and welfare Relevant enactments and secondary legislation concerning the health, safety and welfare of workers and visitors to local authority-regulated premises; pest control at non-food premises; and, those aspects of public health which are the responsibility of local authorities Not including fire safety or matters which fall under the petroleum licensing category Unitary and district Within scope of Primary Authority for England and Wales Applicable in Scotland (Part 1 of the Health and Safety at Work Act 1974 only) Not within scope of Primary Authority for Northern Ireland Health & Safety Executive Health, safety and welfare (Welsh Regulations) Relevant enactments and secondary legislation of the Welsh Government concerning the health, safety and welfare of workers and visitors to local authorityregulated premises; pest control at non-food premises; and, 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 Housing Relevant enactments and 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 Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland none Metrology Relevant enactments and secondary legislation concerning the control of weighing and measuring equipment and the sale of goods by quantity Unitary and county Within scope of Primary Authority for England, Wales and Scotland Not within scope of Primary Authority for Northern Ireland National Measurement Office

7 Petroleum licensing Relevant enactments and secondary legislation concerning the licensing and storage of petroleum, and health and safety requirements in relation to petroleum Unitary, county and fire and rescue authorities Within scope of Primary Authority for England and Wales Some applicability in Scotland Not within scope of Primary Authority for Northern Ireland Health & Safety Executive Pollution control Relevant enactments and secondary legislation concerning the permitting of premises with respect to pollution control Unitary and district Within scope of Primary Authority for England and Wales Not within scope of Primary Authority for Scotland or Northern Ireland none Product safety Relevant enactments and secondary legislation concerning the safety, labelling and importation of products Unitary and county Within scope of Primary Authority for England, Wales, Scotland and Northern Ireland none Road traffic Relevant enactments and secondary legislation concerning the control of overloaded and inappropriately loaded vehicles Unitary and county Within scope of Primary Authority for England and Wales Some applicability in Scotland Not within scope of Primary Authority for Northern Ireland 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 YES YES YES YES [1] Age Restricted Services YES YES YES YES [1] Agriculture YES YES YES YES Animal Establishments YES YES YES YES Animal Health & Welfare YES YES YES YES Consumer Credit YES YES YES YES YES Environmental Protection YES YES YES YES Environmental Protection (Welsh Regulations) YES YES Explosives Licensing YES YES YES YES YES YES Fair Trading YES YES YES YES YES Food Safety & Hygiene YES YES YES YES Food Standards YES YES YES YES General Licensing YES YES YES YES Health, Safety & Welfare YES YES YES YES [1] Health, Safety & Welfare (Welsh Regulations) YES YES Housing YES YES YES YES Metrology YES YES YES YES YES Petroleum Licensing YES YES YES YES YES [1] Pollution Control YES YES YES YES Product Safety YES YES YES YES YES YES Road Traffic YES YES YES YES [1] [1] Some applicability

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