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List of formalities within scope of the Services Directive, England

National legislation

This is where an authority is regulating an activity in line with a statute covering England. Local authorities will need to tell BERR 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 tier of local authority. A questionnaire for this will circulate shortly.

BERR'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. BERR is commissioning a consultancy to produce an acceptable standard form where none is presently available and these are flagged in the list with an asterisk.

Unitary authorities and county councils, generally

Procedure

 

Legislation

Animal movement

 

Animal Gatherings (England) Order 2006

Camp sites

**

Public Health Act 1936

Explosives

 

Manufacture and Storage of Explosives Regulations 2005

Fireworks manufacture and storage

 

Manufacture and Storage of Explosives Regulations SI 2005/1082

Other business in road

 

Highways Act 1980, Section 115

Performing Animals

**

Performing Animals (Regulation) Act 1925

Permission to run a business on a pavement

 

Highways Act 1980

Premises for Civil Ceremonies/Marriage

**

Marriage Act 1994

Non-medicinal poisons

 

Poisons Act 1972 and S.I. 1982/218

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 County Council (General Powers) Act 1933

Use of parts of buildings for storage of celluloid

**

Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35)

Weighbridge operator

**

Weights and Measures Act 1985

 

Unitary authorities and district councils, generally

Procedure

 

Legislation

Animal boarding establishments Animal boarding establishments act 1963

Approved Premises (for Food)

 

Approved Premises Licence under 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 Premises Certificate

 

Licensing Act 2003

Cooling tower

**

Notification of Cooling Towers and Evaporative Condensers Regulations 1992

Dog breeding

**

Breeding of Dogs Act 1973, Breeding and Sales of Dogs (Welfare) Act 1999

Environmental Permitting

 

Environmental Permitting (England and Wales) Regulations,

Food premises

 

SI2007/3538

House in multiple occupancy

 

Housing Act 2004

House to house collection

**

House to House Collections Act 1939

Hypnotism

**

Hypnotism Act 1952

Market stall

**

Markets and Fairs Clauses Act 1847

Motor salvage operator

 

Vehicles (Crime) Act 2001

Pet shop

 

Pet Animals Act 1951

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

Sea going pleasure boats

**

Public Health Acts Amendment Act 1907

Sex shop and cinema

 

Local Government (Miscellaneous Provisions) Act 1982

Street Collection

**

Section 5 of the Police, Factories, etc. (Miscellaneous Provisions Act 1916, as amended by the Local Government Act 1972 and Schedule 29 of that Act.)

Street Trading

 

Local Government (Miscellaneous Provisions) Act 1982

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 incomplete list. A local authority will need to tell BERR 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. 

BERR will offer these procedures through its online forms service, should a local authority wish to continue regulation.  BERR will reserve the right to charge at cost for this, divided between the number of Local Authorities involved. BERR is commissioning a consultancy to produce an acceptable standard form where none is presently available and these are flagged in the list with an asterisk.  

 

Procedure

 

Legislation

Auction premises**Greater London Council (general Powers) act 1984 Part VI

Busking

**

Local Act or by-law

Game dealing

**

Game Licences Act 1860

Hairdresser

**

Local Acts eg Greater Manchester Act 1981, Section 30

Massage and Special Treatment (MST), Premises

 

Local acts

Massage and Special Treatment (MST), Personal

 

Local acts

Second hand dealers

**

Local acts

 

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.