This snapshot taken on 04/03/2010, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.
We're creating a single website for everything to do with BIS but, while we do that, you'll find information in three places. > Find what you're looking for
List of formalities within scope of the Services Directive
These are lists of formalities (authorisations/ licences/ certificates/ registrations) in England, Wales, Northern Ireland and Scotland that are in scope of the Directive and BIS believes are managed by local authorities. The List of Acts being screened for compliance with the Directive shows whether HMG has justified the relevant legislation or plans to amend it. Both of these documents together with the screening flowcharts for England will help guide local authorities through the steps involved in screening. Devolved authorities should have received screening flowcharts and reporting forms from the relevant Devolved Administration.
There are a very small number of formalities in these tables that were initially viewed to be in scope of the Directive but further analysis by the lead Government department revealed them to be out of scope of the Directive. As the forms have already been generated they will be kept on the PSC.
List of formalities within scope of the Services Directive in England and Wales
National legislation
This is where an authority is regulating an activity in line with a statute covering England and Wales. Local authorities will need to tell BIS which of these it has adopted and which are not adopted (and any a local authority wishes to stop regulating). This includes confirming the division of effort in areas which have two tiers of local authority. A questionnaire for this has been circulated.
BIS's online forms service will cover all these procedures. The online forms service will use prescribed or model forms or PARSOL standards as a basis wherever these are available. BIS is commissioning a consultancy firm to produce an acceptable standard form where none are presently available and these are flagged in the list with an asterisk.
County Councils and Unitary Authorities are generally responsible for the following formalities:
Procedure |
| Legislation |
Animal movement (sheep/goat/pigs) notification |
| Disease Control (England) Order 2003 |
Camp sites |
| Public Health Act 1936 |
Application to use street or pavement space for displays |
| Highways Act 1980, Section 115B /115E |
Performing animals registration |
| Performing Animals (Regulation) Act 1925 |
Premises for civil ceremonies/marriage |
| Marriage Act 1994 |
Streetworks and running pipes/cables under road |
| Highways Acts (Various) |
Skip operator |
| Highways Act 1980, Section 139 |
Skip |
| Highways Act 1980, Section 139 |
Storage of petroleum |
| Petroleum (Consolidation) Act 1928 as amended by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) plus (London only) London County Council (General Powers) Act 1933 |
Ability to place tables and chairs in the road |
| Highways Act 1980, Section 115B /115E |
Weighbridge operator
|
| Weights and Measures Act 1985
|
District Councils and Unitary Authorities are also generally responsible for the following formalities:
Procedure |
| Legislation |
Animal boarding establishment |
| Animal boarding establishments act 1963 |
Approved premises (for food) |
| The Food Hygiene (England) Regulations 2006 / Regulation (EC) No 853/2004 |
Car boot sale authorisation |
| Local Government (Miscellaneous Provisions) Act 1982 |
Caravan and camping site |
| Caravan Sites and Control of Development Act 1960 |
Club licensing |
| Licensing Act 2003 |
Cooling tower |
| Notification of Cooling Towers and Evaporative Condensers Regulations 1992 |
Environmental permitting |
| Environmental Permitting (England and Wales) Regulations, 2007 |
Food premises notification |
| EC Regulation 852/2004 |
House in multiple occupancy |
| Housing Act 2004 |
House to house collection | ** | House to House Collections Act 1939 and the House to House Regulations 1947 |
Hypnotism permit | ** | Hypnotism Act 1952 |
Market stall |
| Markets and Fairs Clauses Act 1847 |
Motor salvage operator |
| Vehicles (Crime) Act 2001 |
Pet shop |
| |
Premises licence |
| Licensing Act 2003 |
Riding establishment |
| Riding Establishments Act 1964 |
Safety certificates for regulated stands at sports grounds | ** | Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c.27) |
Safety certificates for sports grounds. | ** | The Safety of Sports Grounds Act 1975 (c. 52) |
Scrap metal dealer |
| Scrap Metal Dealers' Act 1964 |
Pleasure boats | ** | Public Health Acts Amendment Act 1907 section 94 |
Sex shop and cinema |
| Local Government (Miscellaneous Provisions) Act 1982 |
Street collection
| ** | Police, Factories etc. (Miscellaneous Provisions) Act 1916
|
Tattooists, piercing and electrolysis (incl. acupuncture) |
| Local Government (Miscellaneous Provisions) Act 1982 (not London) |
Temporary event notice |
| Licensing Act 2003 |
Zoo licence |
| Zoo Licensing Act 1981 |
Childminder1 |
| Care Standards Act 2000 |
Local Acts
Procedures driven by Local Acts. This is an indicative list. A Local Authority will need to tell BIS about:
1. Which of these activities it wishes to continue regulating,
2. Any other activities that it regulates,
3. Any activities regulated by Local Act which it no longer wishes to regulate.
BIS will offer these procedures through its online forms service, should a local authority wish to continue regulation. BIS will reserve the right to charge at cost for this, divided between the number of Local Authorities involved. BIS is commissioning a consultancy firm to produce an acceptable standard form where none are presently available.
Procedure |
| Legislation |
Auction premises |
| Greater London Council (general Powers) act 1984 Part VI |
Busking |
| Local Act or by-law |
Hairdresser |
| Local Acts eg Greater Manchester Act 1981, Section 30 |
Massage and special treatment (MST), premises |
| Local acts and London |
Massage and Special Treatment (MST), Personal |
| Local acts |
Second hand dealers |
| Local acts |
Street Trading (where extended to services)2 |
| Local Government (Miscellaneous Provisions) Act 1982 |
1 The primary responsibility for regulating childminders rests with Ofsted, however local authorities play a role in the regulatory process. Specific advice will be provided on this procedure.
2 We understand that some authorities have extended the definition of street trading to include the sale of services, which would bring street trading provisions in scope of the Services Directive.
** This Act is viewed by BIS to be in scope of the Services Directive, however we are awaiting final legal confirmation for this from a Government department and so the ‘primary legislation checklist’ states that the Act is ‘still under consideration’.
List of formalities within scope of the Services Directive in Northern Ireland
This is a list of formalities (authorisations/licences/certificates/registrations) in Northern Ireland that are in scope of the Directive and are regulated by a Local Authority.
Procedure | Legislation |
Approved premises(for food) | Regulation (EC) No 853/2004 |
Caravan and camping site | Caravans Act Northern Ireland 1963; s.269 |
Cooling tower | tbd |
Entertainment | Local Government (Miscellaneous Provisions) (Northern Ireland). Order 1985 |
Food premises notification | Food Hygiene Regulations (Northern Ireland) 2006 which enact Regulation (EC) No 853/2004 |
Guard dog kennels | The Dogs (Northern Ireland) Order 1983, Section 10 |
Hairdresser | Hairdressers Act 1939 (Northern Ireland) |
Local air pollution control authorisation (LAPPC), Part C | Pollution prevention and control regulations (NI) 2003 and relevant amending legislation |
Pleasure boats | Public Health Acts Amendment Act 1907 section 94 |
Premises for civil ceremonies/marriage | Marriage (NI) Regulations 2003 and The Civil Partnership Act 2004 |
Safety certificates for regulated stands at sports grounds | Safety Of Sports Grounds (Northern Ireland) Order 2006 |
Safety certificates for sports grounds. | Safety Of Sports Grounds (Northern Ireland) Order 2006 |
Sex establishment / sex cinema | The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (No. 1208 (N.I. 15)) Schedule 2 |
Solvent emissions - See LAPPC | he Solvent Emissions Regulations (NI) 2004 (S.R.2004 No.36)' and also 'The Pollution Prevention & Control (Amendment) (No.3) Regulations (NI) 2005 (S.R.2005 No.454) |
Storage of petroleum | Petroleum (Consolidation) Acts (Northern Ireland) 1929 and 1937 |
Street trading | Street Trading Act (Northern Ireland) 2001 |
Streetworks and running pipes/cables under road | tbd |
Sunday trading | Shops (Sunday Trading &c.) (NI) Order 1997 |
Tattooists, piercing and electrolysis (incl. acupuncture) | The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (No. 1208 (N.I. 15)) |
List of formalities within scope of the Services Directive in Scotland
This is a list of formalities (authorisations/licences/certificates/registrations) in Scotland that are in scope of the Directive and are regulated by a Local Authority in line with a statute covering Scotland.
Procedure | Legislation |
Ability to place tables and chairs in the road | Roads (Scotland) Act 1984, Section 59 |
Animal boarding establishment | Animal boarding establishments act 1963 |
Animal movement (pigs) notification | Disease Control (Interim Measures) (Scotland) Order SSI 2002/34, as most recently amended by The Disease Control (Interim Measures) (Scotland) Amendment (No. 3) Order 2007 |
Application to use street or pavement space for displays | Roads (Scotland) Act 1984, Section 59 |
Approved premises(for food) | The Food Hygiene (Scotland) Regulations 2006 / Regulation (EC) No 853/2004 |
Boat hire | Civic Government (Scotland) Act 1982, Section 38 |
Caravan and camping site | Caravan Sites and Control of Development Act 1960 |
Charitable collection permit | Civic Government (Scotland) Act 1982, Section 119 and The Public Charitable Collections (Scotland) Regulations 1984, as amended by The Public Charitable Collections (Scotland) Amendment Regulations 1988. |
Cooling tower | Notification of Cooling Towers and Evaporative Condensers Regulations 1992 |
Food premises notification | EC Regulation 852/2004 (Food Premises |
House in multiple occupation licence | Government (Scotland) Act 1982, Section 44 and SSI 2000/177 and SSI 2003/463. |
Hypnotism permit | Hypnotism Act 1952 |
Indoor sports entertainment licence | Civic Government (Scotland) Act 1982, Section 41A |
Itinerant metal dealer licence | Civic Government (Scotland) Act 1982 |
Late hours catering licence | Civic Government (Scotland) Act 1982, Section 42 |
Market operators licence | Civic Government (Scotland) Act 1982, Section 40 |
Metal dealer | Civic Government (Scotland) Act 1982: |
| National Registration Scheme for private landlords | Antisocial Behaviour (Scotland) Act 2004 |
Occasional licence | Licensing (Scotland) Act 2005 |
Performing animals registration | Performing Animals (Regulation) Act 1925 |
Pet shop | Pet Animals Act 1951 |
Places for civil marriages – Period Approval Certificate | Marriage (Approval of Places) (Scotland) Regulations 2002 |
Premises licence, and its variations | Licensing (Scotland) Act 2005 |
Public entertainment licence | Civic Government (Scotland) Act 1982, Section 41 |
Riding establishment | Riding Establishments Act 1964 |
Safety certificates for regulated stands at sports grounds | Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c.27) |
Safety certificates for sports grounds. | The Safety of Sports Grounds Act 1975 (c. 52) |
Second hand dealer | Civic Government (Scotland) Act 1982 (sections 28 and 30) |
Sex shop | Civic Government (Scotland) Act 1982, Section 45 |
Skin piercing and tattooing | Civic Government (Scotland) Act 1982, Section 44 |
Skip | Roads (Scotland) Act 1984, Section 85 |
Storage of petroleum | Petroleum (Consolidation) Act 1928 as amended by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) plus (London only) London County Council (General Powers) Act 1933 |
Street trader | Civic Government (Scotland) Act 1982, Section 39 |
Streetworks and running pipes/cables under road | Roads (Scotland) Act 1984 Section 58 |
Theatre licence | Theatre Act 1968 |
Weighbridge operator | Weights and Measures Act 1985 |
Window cleaner | Civic Government (Scotland) Act 1982, Section 43. |
Zoo licence | Zoo Licensing Act 1981 |
