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This is a list of formalities (authorisations/ licences/ certificates/ registrations) that are in scope of the Directive and BERR believes are managed by local authorities. The List of Acts being screened at a National level for compliance with the Directive shows whether central government has justified the relevant legislation or plans to amend it. Both of these documents together with the screening flowcharts will help guide local authorities through the steps involved in screening. We will update our website again once the outcome of the screening processes in the devolved administrations is available.
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 tiers of local authority. A questionnaire for this has been circulated.
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 firm to produce an acceptable standard form where none are 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 ¨ |
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) |
| 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 Premises Certificate |
| Licensing Act 2003 |
Cooling tower | ** | Notification of Cooling Towers and Evaporative Condensers Regulations 1992 |
Environmental Permitting |
| Environmental Permitting (England and Wales) Regulations, |
Food premises |
| Food Hygiene (England) Regulations 2006 / Regulation (EC) No 852/2004 |
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 ¨ |
Premises Licence |
| Licensing Act 2003 |
Riding establishment |
| Riding Establishments Act 1964 (as amended 1970) |
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 |
| |
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.) ¨ |
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 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 firm to produce an acceptable standard form where none are 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 |
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 BERR 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’.
