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 has amended it. Both of these documents together with the screening flowcharts will help guide local authorities, in England and Wales,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 for authorities to use if they want.

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.

BIS's online forms service will cover all these procedures.  

County Councils and Unitary Authorities are generally responsible for the following formalities:

District Councils and Unitary Authorities are also generally responsible for the following formalities:

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.

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.

** 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’ (what does this refer to? If street trading we should delete this footnote). 

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.

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.

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