Why not get the good professor to look at the governance structures of the Department for Business, Enterprise and Regulatory Reform and see which comes up best. I suspect that staying the way that it is would become a no-brainer.

The scrutineer will have to dig extremely deep to find any reason at all for BERR or any other government department to stick its nose in where it doesn't belong.

It's just another area where the government wants to exert some control.