House of Commons - Regulatory Reform

Select Committee on Regulatory Reform Memoranda

Government Memorandum on Regulatory Reform Order-making

1 INTRODUCTION

1.1 This memorandum sets out the Government's views on the second year's operation of the Regulatory Reform Act 2001 (RRA) and responds to the Commons Committee request that the memorandum should address the following questions:

Are there any outstanding issues about the operation of the regulatory reform process that continue to be of concern to the Government? In the Government's view, have any new issues about the operation of the process arisen since the publication in October 2002 of the Committee's Third Special Report of Session 2001-2[1]?

Does the Government consider that the Regulatory Reform Act is functioning in any respect other than the way in which Parliament intended?

What is the likely flow of regulatory reform orders in the coming year? How many proposals are likely to be laid, and how complex are these proposals likely to be?

2 Outstanding/new issues

Quality of drafting

2.1 The Government understands the importance of the careful and precise drafting of proposals and draft Regulatory Reform Orders (RROs). The drafting quality of Explanatory Documents and consultation documents have been one of the main concerns of the Committee in this period.

2.2 Criticisms from the Committee have included:

The quality of legal analysis against Section 1(1)(b) of the RRA
Adequate analysis of responses to consultation
Controversy surrounding proposals but not central to reforms (see para 2.4 below).

2.3 Departments are responsible for the quality of their RROs and accompanying documents. The Government has introduced a number of improvements to both the process and guidance with the aim of raising quality:

All draft RROs are now checked by the Cabinet Office legal advisors at Treasury Solicitor's office before they go to Parliamentary Counsel to ensure consistency of quality.
The model consultation document followed by Departments has been revised to separate out the policy explanation from the legal analysis. The requirement to analyse proposals against section 6(2) of the RRA has been made more explicit, and it is emphasised that department lawyers should be closely involved in drafting this section of consultation documents.
The Government is preparing a new template and guidance on drafting Explanatory Documents for Departments. This guidance will draw attention to the list of issues to be addressed in Explanatory Documents under 6(2) of the Act, and the link between this and House of Commons Standing Order 141.
General RRO guidance has been updated to reflect the experience of using the Act so far. The Commons Committee staff were consulted on this update.

2.4 The Committee raised the issues of controversy and adequate response to consultation in its reports on the British Waterways Board[2] proposal and the Housing Management[3] proposal. The use of private finance in both Water Grid Public and Private Partnership Project (PPP) and the local authority housing Private Finance Initiative (PFI) was controversial, but evidence sessions suggested that the RRO proposals, which enabled these projects to take place, were not controversial in themselves. In future, the Government has asked Departments to anticipate and comment on any areas of potential controversy in their consultation and Explanatory Documents, and to demonstrate explicitly why they think these issues should not affect the use of the RRA to implement proposed reforms.

2.5 The Government will continue to update guidance, and offer training and advice to improve drafts, but the final responsibility for quality remains with individual Departments. It is perhaps inevitable with a new process that some procedures need to be refined further. The Government believes that it is important that the Committee should continue to carry out its scrutiny role to the same exacting standards. The Government also hopes that the Committee will remain flexible and helpful, for example in its approach to the use of evidence sessions to seek reassurance on areas not fully covered in documentation.

Presentations and Evidence Sessions

2.6 Lord Macdonald wrote to the Committee on 14 October 2002, accepting its recommendation that departmental officials should give presentations to the Committee immediately after the laying of proposals for initial scrutiny. This has proved to be a useful forum for the Committee members to raise preliminary questions and for Departments to explain the background to proposals. Since this date, 5 presentations have taken place.

2.7 This year 3 evidence sessions have been called. Sessions on the British Waterways and Housing Management proposals were used, amongst other things, to address the issue of controversy highlighted in paragraph 2.4 above.

Without prejudice advice

2.8 The Government welcomes the Committees' approach to offering advice as to the suitability of a proposal for the RRO process before it is fully worked up into an RRO. In the past year, this process has been used to seek preliminary views as to the suitability of proposal to remove a restriction on the Welsh Ombudsman from undertaking investigations as a Local Commissioner of the Commission for Local Administration in Wales. The Committee provided advice on this proposal in their letter of 18 March 2003 to Peter Hain. The Department is due to consult on this proposal shortly.

2.9 On this occasion the Lords Committee chose not to give detailed advice. The Government accepts that the decision whether to give advice remains with the Committees and recognises that such requests for advice should clearly highlight the specific technical point at issue, and cannot be used as a means of anticipating views on the policy itself.

Timetabling

2.10 Concerns about whether high numbers of RROs would stretch the capacity of the Committees have not been fulfilled. Nevertheless, the Government welcomes the Committee's confirmation[4] that it has no problem in dealing with up to 2 items laid in any sitting week. This has already been the case on 4 occasions this year. The Government notes that there may be over 18 proposals laid in the year 2003/4. This would have been full capacity if the numbers had remained limited to one per week. (A list of forthcoming proposals is at Annex E.)

2.11 The Government is aware of the need for adequate planning, and continues to issue monthly work plans identifying forthcoming proposals. There is a tendency for bunching of RROs after the summer recess, as proposals are finalised over summer and have to wait to be laid. The Cabinet Office works closely with Departments to avoid this bunching, but it is not always possible. The Government will continue to liaise with the Committees to plan the laying of proposals. When it is necessary for two proposals to be laid in one week, either one of these will be for "second-stage" scrutiny, or, if both proposals are for "first-stage" scrutiny, the Government will ensure that these are less complex proposals. No proposal will be laid for scrutiny without the prior consent of both Committee Clerks.

Adverse Reports

2.12 The Government was grateful for the Committee's confirmation in their Third Special Report[5] of the position on re-laying orders should the Committee recommend amendments to a particular draft order under "second-stage" scrutiny. Although such a situation has not arisen this year, it is only right for the correct procedure to be clear.

2.13 In practice, communications between the Committees and Departments has enabled any policy concerns to be resolved before the report stage. Where communications on the Business Tenancies RRO proposal failed to answer the concerns of the Lords Delegated Powers and Regulatory Reform Committee, the Lords Committee has sought further informal consultation and research, thereby giving the Department every opportunity to answer these concerns before resorting to an adverse report. The Government very much welcomes this approach. It is right that adverse reports should be reserved for situations where the Committees are clear that they cannot accept specific aspects of the policy put forward in the draft RRO. The Government is happy to reiterate its commitment not to proceed with a draft order in the event of an adverse report.

Disagreement

2.14 The Government appreciates the Committee's disappointment over the rejection of its recommendation for a free vote under Standing Order No 18(2) in the event that the Government disagrees with a Committee's final report.[6] However the Government's position on this remains unchanged. It remains the Government's intention to do everything possible to avoid such disagreements. In the unlikely event that this does not prove possible, the Government would call a whipped vote.

Devolution

2.15 The Government is pleased that in the past year, the initial delays in gaining consent from the National Assembly for Wales have been avoided. Cabinet Office guidance reminds Departments of the need to seek consent from the National Assembly for Wales where necessary, and, to maintain flexibility, confirms that this can be sought either before or after the final scrutiny stage. Departments are made aware that they may need to return to the Assembly for further consent, should the draft order have changed since original consent was given. Likewise, should the Assembly demand changes to a draft order following "second-stage" scrutiny, then the order would have to be relaid for scrutiny with the two Parliamentary Committees.

2.16 The guidance advises Departments to state in their Explanatory Documents whether formal consent is needed and their plans to gain this consent. Explanatory Documents should also make clear where the draft Order would apply differently in Wales to England. Once consent is given the Departments are required to provide details.

3 Functioning of the Regulatory Reform Act

3.1 Although overall the number of RROs coming forward remains lower than anticipated, the RRA has successfully delivered 13 RROs to date. A full list is included at Annex A. These include the New Year licensing reforms[7] and the removal of the 20 member limit on Partnerships[8], both of which have delivered substantial financial savings. All of these RROs have reduced burdens in the way intended by the Act.

3.2 Both these initial reforms and forthcoming proposals have enabled us to identify specific ways in which the RRA can be used to deliver reforms:

In parallel to Bills: Effective use of Parliamentary time

Limited Parliamentary time and strict guidelines on clause numbers mean that proposals often fail to get into a Bill. RROs offer an alternative route and help with Bill management. For example:

- Fire Bill proposals will modernise the Fire Service; the Fire RRO, to be laid this autumn, will simplify and modernise the Fire Safety regime.

- The Gaming Machines RRO proposal will modernise payment methods and deliver reforms which will save the industry £1.85m a year from this autumn, earlier than waiting for Gambling Bill proposals would allow.

- The proposed Patents RRO will deliver significant beneficial procedural reforms, whilst more controversial reforms will have to wait for a Bill slot.

- 4 relatively small Local Government RROs (3 of which have already been delivered[9]) failed to find space in the Local Government Bill.

"Quick fixes"

RROs can offer a route for delivering reforms to specific deadlines. For example:

- Licensing reforms met New Year's Eve deadlines.

- The three Local Government RROs highlighted above were all delivered in 8 months from consultation in order to meet new financial year deadlines, and faster than the Local Government Bill would have allowed.

Themed

The proposed Local Government Consent regimes RRO is the first themed RRO. It will remove 47 consent regimes from Local Authorities across a range of policy subjects.

Specific Problems

Smaller RRO proposals often remove a single specific problem:

- New Year's Eve licensing RRO

- Sunday Trading RRO proposals will remove a requirement on large shops to notify Local Authorities of their Sunday opening hours, and for Local Authorities to register these details.

Transposing EU Directives

Using an RRO instead of 2.2 regulations to transpose Directives is not as simple as 2.2 regulations, but it does enable the reform of the primary legislative regimes already in place. This way, new requirements do not just lie on top of the existing laws but instead are integrated into a new and appropriate legislative structure.

- The Fire RRO will establish the principle of using an RRO to implement Directives.

- It is too late to use an RRO to implement the most recent Equality Directives but the Government will be researching whether RROs might be used to simplify the complex and overlapping legislation in this area.

Simplification and modernisation of whole regimes

The ability to tidy up and modernise overlapping and out of date legislation was one of the key aims of the RRA. Introducing new risk based systems and reflecting new technology may be part of this modernisation process. The Fire RRO to be laid this autumn will be the first Order of this type. Others include:

- Taxi RRO proposals and

- Road Reform RRO proposals.

- Broadening Powers

RROs can be used to broaden the powers of an individual or an organisation. For example:

- British Waterways RRO

- Welsh Ombudsman RRO, and

- Museum of London RRO proposals.

Removing Restrictions and requirements

In addition to removing requirements, such as consent regimes, RROs can also be used to simplify and streamline requirements. For example:

- Partnerships: abolition of the 20 partner limit

- Sunday Trading notification requirements

- Local Government consents regime RRO, and

- Offshore wind farm proposals.

There is also no reason in principle why an RRO could not be used to set up a new agency to over see a simplified regime.

De-criminalising

The Maritime Employment Disputes RRO and Road Reform RRO proposals will both de-criminalise offences.

Adding New Legal Burdens

RROs must remove or reduce burdens, but they can also add new, usually better targeted burdens:

- The Business Tenancies RRO aims to remove the requirement to apply to court and replace this with a notice requirement.

- Gaming Machines RRO removes the requirement to play with coins only but introduces a new requirement that it must be possible to redeem smart cards on the premises.

3.3 In the coming year the first large RRO proposals will come through - the Patents RRO should be laid before the summer recess, the Fire Safety RRO shortly after recess and Civil Registration Service Modernisation will go out to consultation in July. These RROs will act as important flagships and should demonstrate the ability of the RRA to implement major reforms.

Appropriateness

3.4 The Government believes that the role played by RROs in effective Bill management is a key outcome of the RRA. The Government will continue to assess Bill bids carefully to ensure that RROs are used to best effect. In general this will mean that reforms which can be delivered by RRO should be delivered by RRO. Final decisions will be policy specific and will depend upon the most effective route for delivering outcomes.

Disapplication of Section 1(4) of the Act

3.5 The Government welcomes the Committee's views[10] that a disapplication in specific circumstances would not necessarily offend against the spirit of the Act. To date there have been two disapplications, in the Education Act 2002[11] (to stop it preventing the Voluntary Aided Schools RRO from being implemented) and the Human Fertilisation and Embryology (Deceased Fathers) Bill (to prevent problems with introducing the forthcoming Civil Registration Service Modernisation RRO).

3.6 The Government wishes to avoid continued disapplications, which could dilute the intended effect of section 1(4) of the RRA. However, there may sometimes be no alternative. For example, the reforms contained in the Deceased Fathers Bill were considered too controversial to be included in the Civil Registration RRO proposal, and the reforms contained in the proposed RRO are too broad and dissimilar to be included in the Bill.

3.7 With the Gaming Machines RRO it has not proved possible to implement the full range of proposals originally intended because of the 2 year rule. The Gaming Act (Variation of Monetary Limits) Order 2001 had amended sections of the Gaming Act 1968 which the RRO had also proposed to amend. The proposals dropped from the RRO are now to be included in a forthcoming Gambling Bill, and this has highlighted the need for Departments to plan their overall work effectively.

3.8 Section 1(4) of the Act did not perhaps anticipate the role RROs can play in parallel to Bills, as a part of wider policy reforms. So far it has usually been the RRO that has been implemented first, but Departments will need to remain alert to the implications of section 1 (4), and to the possible need for disapplication. Training and awareness raising amongst Bill teams and officials involved in policy reviews will highlight this issue, but responsibility remains with Departments for effective project planning.

Interpretation of Vires

3.9 The Government intends to issue a guidance note on the meaning of the term "burden" and, having been cleared by the Law Officers, the final draft is now with Legal Advisers to the Committees for comment. Clarifying vires issues, particularly the definition of burdens, has slowed down the process of specific reforms and perhaps slowed down the process of identifying new proposals. The Government accepts that this was probably inevitable given the ground-breaking nature of the RRA.

3.10 The Government intends to produce further advice for Departments on the inclusion of regulation making powers in RROs and implementing EU directives in RROs. Although not as significant as the guidance on burdens this advice should also help to clarify the powers of the RRA and enable the successful identification of suitable reforms.

Resources

3.11 The Government notes that even small RROs require resources more comparable to a small Bill than secondary legislation. The high level of resourcing required by Departments for small (but beneficial) reforms can sometimes act as a disincentive. RROs are usually not high profile reforms and work is sometimes done by less experienced officials. The same period of scrutiny is afforded both to major reforms and very small amendments. Given the power of the Act a high degree of scrutiny is appropriate, but it should be proportionate. The Government is likely to consider this issue further in any future review of the RRA.

Summary

3.12 In summary, although the working of the RRA is complex, the Government believes that significant reforms have been delivered and further measures are in preparation. The Fire RRO to be laid this autumn will be the first RRO to reform and consolidate an entire regulatory regime presently scattered over numerous Acts and regulations. For the next year the emphasis will remain on making full use of the existing powers. As larger proposals are laid the Government would particularly welcome the Committees views on the workings of the RRA with regard to these reforms.

4 NUMBER OF RROs

4.1 The Government's initial projections were for 40 RROs to be delivered by the end of the 2003 calendar year, but this was based on predictions made when only one RRO had been made. 16 of the original proposals are now being pursued by other means. Only one proposal has been dropped altogether because of specific policy concerns. New proposals have replaced these original proposals, but it will take longer for these to be delivered.

4.2 Annexes A to D give details of the number of RROs delivered so far, RROs under development, new proposals, and RRO proposals which have been dropped or delivered by other means. Annex E also highlights the complexity of forthcoming reforms.

4.3 The Cabinet Office has an objective included in its Public Service Agreement (PSA), to deliver over 260 deregulatory measures included in the Regulatory Reform Action Plan (RRAP)[12], published in February 2002. The PSA target includes a specific commitment to deliver over 60 RROs by the end of 2005. In order to achieve this the Cabinet Office is encouraging Departments to identify and deliver more reforms.

4.4 This year's Budget report highlighted over 500 deregulatory measures identified by the Government[13]. These measures included RRAP proposals. The Budget also announced the new requirement for Departments to include details of their regulatory performance in their annual reports. This reporting will include details of the number of RROs delivered. However, the Government notes that whilst it is important to demonstrate the effective working of the RRA, the overall the focus will be on the total number of reforms delivered, rather than the means of delivery.

4.5 The Cabinet Office has recently written to Departments to request that they update their entries in the RRAP and identify new proposals which will be taken forward both via RRO and other means. This update will be published in the autumn. Based on current entries in the RRAP and departmental timetables, we estimate that 13 RROs will be delivered in 2003/04, a further 20 RROs will be delivered in 2004/05 and another 15 in 2005/06. However, it is to be expected that these figures will change over time, both as other policy and legislative routes are found to be more appropriate, and new proposals are included. Following the update of the RRAP, the Government will report to the Committee on the number, estimated timetable and scope of new proposals which have been identified.

4.6 In addition to the RRAP update, the Government has a proactive work programme to identify new measures and raise the status of RROs. Examples are as follows:

The Minister for the Cabinet Office will again be raising the profile of RROs with Regulatory Reform Ministers across Whitehall through meetings and inter-departmental correspondence.
The Cabinet Office Regulatory Impact Unit (RIU) will be working closely with both Legislative Planning Committee Secretariat and Departmental officials co-ordinating Bill bids, to ensure that Parliamentary time is used to best effect. This will enable them to identify potential measures within Bill proposals that can be delivered by RRO.
The Cabinet Office RIU is responsible for ensuring delivery of the Business Manifesto commitment for post hoc reviews of major pieces of legislation. It is the intention that these reviews should feed directly into proposals for reducing regulatory burdens including by use of RRO.
The Law Commission has agreed to include draft RROs instead of draft Bills in its reports, where appropriate.

5 The Future

5.1 The April 2003 Budget noted that the DTI are currently reviewing the Enforcement Concordat and made specific reference to using the power within the RRA to place the Enforcement Concordat on a statutory basis[14], should the working of the Concordat prove to be inadequate. The Government recognises that the enforcement of regulations is a significant factor in ensuring that regulations are working effectively, and not imposing unintended burdens on businesses or others.

Review of the Regulatory Reform Act

5.2 The Government is committed to reviewing the effectiveness of major pieces of legislation and it is right that the RRA should be included in this. Annual memorandums already begin the process of collecting evidence for a future review. However, the first priority is to demonstrate what the Act can do and then consider lessons learned from the initial programme of RROs. For now the Government is content to make full use of the significant power within the RRA, and looks forward to taking forward the major Patents, Fire and Civil Registration RRO proposals this year. The Government will undertake a formal review once there is a sufficient body of evidence on the effectiveness of the Act. The Government would welcome the Committee's views on this approach.

Role of the Cabinet Office

5.3 The first memorandum anticipated a declining role for the Cabinet Office in the RRO process[15]. As this memorandum suggests, there is still an important central role to be played by the Cabinet Office in this respect. As the use of the RRA is new there is work to be done in raising awareness and supporting the identification and implementation of proposals. The Government still envisages Departments eventually taking more responsibility for delivering and handling their own RROs, but for the time being the Cabinet Office will maintain its co-ordinating and advisory role.

Ideas from MPs

5.4 In its first memorandum the Government invited MPs to identify proposals for reform by RRO[16]. So far no such proposals have been forthcoming. It is probably more appropriate to seek MPs support in identifying areas where Government intervention, including regulations, are creating unnecessary burdens, rather than focussing on specific proposals for RROs. It should be for the Government then to decide on the most appropriate means of removing such burdens, whether by amended regulation, including RROs, or other means. The Cabinet Office would be pleased to provide training and advice to MPs on both RROs and the wider better regulation agenda and would welcome the Committee's views on this.

Cabinet Office June 2003

ANNEX A - RROs DELIVERED SO FAR

There have been a total of 13 RROs delivered since the introduction of the Regulatory Reform Act.

RRAP Number Title Dept Date Made

PRIOR TO RRAP Special occasion licensing DCMS Made 6 December 2001

1.1 Alcohol licensing: The Queen's Golden Jubilee DCMS Made 27 March 2002

NEW ENTRY Alcohol licensing: All future New Year's Eves DCMS Made 20 December 2002

1.42 Agriculture: sugar beet research programme DEFRA Made 8 May 2003.

2.46 School funding: simplifying arrangements for premises work at voluntary aided schools DfES Made 27 March 2002

1.114 Partnerships: abolition of the 20 partner limit DTI Made 20 December 2002

3.34 People with disabilities: Invalid Care Allowance DWP Made 29 May 2002

3.6 People with disabilities: vaccine damage DWP Made 15 June 2002

1.56 Credit Unions - removal/reduction of certain operational restrictions HMT Made 6 February 2003

1.94 Housing: Private sector housing renewal ODPM Made 18 July 2002

NEW ENTRY Housing - timing of rent increases for assured periodic tenancies ODPM Made 11 Feb 2003

NEW ENTRY Delegation of housing management ODPM Made 27 March 2003

NEW ENTRY Housing - cash incentive schemes ODPM Made 31 March 2003

ANNEX B - CURRENT RRAP RRO PROPOSALS UNDER DEVELOPMENT

Out of the original 63 RRO proposals which were contained in the Regulatory Reform Action Plan (RRAP), there are 39 which are still under development.

RRAP Number Title Department

1.12 Gaming machines DCMS

2.37 Museums and galleries: a series of reforms to remove regulatory burdens DCMS

2.8 Public statues DCMS

1.69 Environment Agency: legislative review DEFRA

2.23 Home Grown Cereals Authority DEFRA

2.41 Royal Botanical Gardens, Kew DEFRA

1.165 Wildlife: dangerous wild animals DEFRA

1.87 Health and safety - HSE access to agricultural data DEFRA

3.13 Driving: acceptance of EC/EEA driving licences originating in a designated country DfT

3.26 Maritime employment disputes DfT

1.125 Road traffic regulation review DfT

1.147 Taxi/private hire vehicle regulation DfT

3.14 Driving: acceptance of non-designated driving licences originating in a designated country DfT

1.153 Vehicles: car checking companies - providing information DfT

1.154 Vehicles: cherished number transfers DfT

1.157 Vehicles: mandatory mileage recording DfT

1.49 Charities: removal of the dual accounting burden on NHS charities DoH

1.107 Medicines licensing DoH

2.1 Cancer cures: advertisements (being taken forward under Local Authority consent regimes proposal) DoH

1.54 Copyright law clarification DTI

1.58 Directory publications DTI

1.16 Patents law improvements DTI/Patents Office

1.149 Trading Stamps: repealing the Trading Stamps Act DTI

1.20 Weight and measures: simplification DTI

1.15 Offshore windfarms: easing the consents procedure DTI /
DEFRA

3.21 Health: compensation for work-related dust-based illnesses DWP/HSE

3.2 Civil Registration Service: modernisation HMT/ONS

1.7 Charities: reducing the burdens HO

3.36 Sexual offences: access to victim material HO

1.148 Third parties - rights against insurers LCD

1.100 Legal instruments (formalities) LCD

1.130 Solicitor's professional regulation LCD

1.6 Business tenancies ODPM

1.47 Building regulations - self-certification by competent enterprises ODPM

1.48 Building regulations: Approved Documents ODPM

1.10 Fire safety legislation reform ODPM

1.102 Local Authorities Business leaseholds, public interest provisions ODPM

2.29 Local authorities consent regimes ODPM

3.38 Tree Preservation Order system ODPM

ANNEX C - CURRENT RRO PROPOSALS NOT IN ORIGINAL RRAP

Apart from the 5 new RROs which were not included in the RRAP but which have already been delivered, there are a further 11 which are undergoing development.

Title Department

Museum of London - removal of geographical restrictions DCMS

Licensing of sports grounds DCMS

Modernisation of the agricultural wages legislation. DEFRA

Joint nature conservation committee DEFRA

British Waterways Board DEFRA

Introducing the EUCARIS System Treaty into UK Legislation DfT

PSV and HGV licensing DfT

Sunday trading notification requirements DTI

Reform of Forestry Act 1967 to allow the Forestry Commissioners to form companies, joint ventures, and to modernise administration of the FC estate FC

Prison Officer strikes HO

Welsh Ombudsman WO

On top of these there are several proposals for RRO which are in early stages of development, which we will add as appropriate following our update of the RRAP in the autumn.

ANNEX D - RRO PROPOSALS DROPPED OR DELIVERED BY OTHER MEANS

There are 17 RRO proposals which were contained in the RRAP that are no longer being taken forward by RRO. 16 of these proposals have been taken forward by means other than RRO and 1 further proposal has been dropped altogether.

RRO proposals taken forward by other means

RRAP Number Title Department Comment

2.18 English Heritage: overseas trading functions and underwater archaeology DCMS Was able to be included in the National Heritage Bill.

1.164 Welsh Sunday opening polls DCMS To be included in the Alcohol and Entertainment Licensing Bill

2.14 Consumers Committee for GB and Committee of investigation for GB DEFRA Law officers advise that this could not be delivered by RRO.

3.15 Driving disqualification's and penalties - mutual recognition between GB and NI DfT Now included in the Home Office Bill, Crime (International Co-operation).

3.17 E-business: electronic links to Benefits Agency DfT Being pursued under primary legislation due to vires issues.

3.18 E-business: electronic links to UK Passport Service (UKPS) DfT Being pursued under primary legislation due to vires issues.

1.9 Corporate dentistry DoH To be delivered via a Section 60 Order of the Health Act by early 2004, as legal advice determined this was more appropriate route.

2.7 Public health: a new national agency for infection control and health protection DoH Because of difficulties identified with the RRO route, taken forward via primary legislation. The HPA was set up on 1 April 2003.

1.123 Radio Spectrum Trading DTI Provisions were included in the Communications Bill.

2.9 Schools: free school meals DWP/DfES Legal advice suggested that RRO not suitable. Looking to pursue via data sharing bill.

1.99 Rule against excessive accumulations. LCD Dropped on Law Officers advice. Looking to take forward via primary legislation.

3.8 Administration orders for personal insolvency LCD Advised by Counsel not suitable for RRO route - being taken forward via primary legislation.

3.1 Civil justice reforms LCD Being pursued by primary legislation as deemed more appropriate route.

3.3 Damages: periodical payments LCD LP approval to inclusion in Courts Bill (2^nd session)

2.34 Local authorities: annual reports to tenants ODPM Being pursued by primary legislation following legal advice.

2.27 Housing standards: repeal of "minded to" notices ODPM Now being taken forward under the Housing Bill.

RRO proposals dropped altogether

RRAP Number Title Department Comment

3.4 Driving: removal of the requirement to surrender a driving licence when changing personal details DfT Further research revealed this proposal to be liable to abuse. Ministerial approval withdrawn.

ANNEX E - RROs WE EXPECT TO BE LAID FOR "FIRST STAGE" SCRUTINY THIS CALENDAR YEAR

We expect to lay the following 12 proposals by the end of this calendar year. Subject to scrutiny, these could all come into force by the end of this reporting year (April 2004), although it is more realistic to say 10 of these will come into force over this period.

Name of Proposal Department Target laying date Complexity/length

Reform of patents legislation PO/DTI June/July Quite complex/long

Execution of deeds and documents LCD June Straightforward/short

Welsh Ombudsman WO September/October Straightforward/short

NHS charity accounting DoH September/October Straightforward/short

Sunday trading DTI September/October Straightforward/short

Directory publications DTI September/October Straightforward/short

Fire Safety ODPM September/October Quite complex/long

Trading stamps DTI October Straightforward/short

Museum of London DCMS October/November Straightforward/short

Weights and measures DTI November Quite complex/medium

Maritime employment disputes DfT November Straightforward/medium

Third parties rights against insurers LCD November/December Straightforward/medium