APPENDIX 1
FINALISED TERMS OF REFERENCE FOR THE ECA
REVIEW 2007
SCOPE
1. To examine the secondary legislation
introduced in 2004 as a result of the Export Control Act 2002[38]
to determine:
— whether these new controls achieved
their desired effect;
— whether the resulting impact upon
business was proportionate and at an acceptable level; and
— whether any unintended or undesirable
consequences—commercial or otherwise—have resulted.
2. To review the Government's administration
and enforcement of the controls introduced under secondary legislation
in 2004, and identify any administration and enforcement issues
arising.
3. To determine whether any of these new
controls should be extended, adapted, or abolished, taking account
of evidence gained from the work carried out at points 1 and 2
above.
METHODOLOGY
The review will be conducted fully in accordance
with Cabinet Office Better Regulation principles and will follow
an evidence based approach.
Better Regulation principles
The changes to secondary legislation were introduced
in 2004 in accordance with Cabinet Office Better Regulation principles,
including a public consultation exercise and a Regulatory Impact
Assessment.
The Final Regulatory Impact Assessment will
be revisited during the course of this review, using information
held within ECO, to confirm that its findings still hold good,
and the conclusions of this internal work will form part of the
consultation paper. Further evidence generated as a result of
the public consultation exercise will be taken into account before
final conclusions are reached on the impact of the secondary legislation
introduced in 2004.
Similarly, the assessment of any proposals for
new, extended, or altered controls will follow Cabinet Office
Better Regulation principles, with the production of an initial
Regulatory Impact Assessment, adequate public consultation, and
a commitment to further review the impact of any necessary further
changes to secondary legislation at a later date.
Evidence based approach
The key element of the Government's own internal
assessment of the effectiveness of existing controls, will be
the Government's evidence, (mostly gleaned from licensing statistics
and other case-based information). Contributions to the review
from other parties should similarly be based on firm evidence,
consistent with the Government's commitment to evidence-based
policy making and Better Regulation principles. In particular,
requests to restrict, change or extend controls, or introduce
entirely new ones, should be backed up by evidence of the scale
or impact of the problem that needs solving and/or the business
consequences of adopting any particular resolution method.
TIMETABLE
A public consultation will commence in May 2007,
with the broad issue of a consultation document. The deadline
for receipt of responses will be August 2007.
Autumn 2007 will be the period for evaluating
responses and reporting back to Ministers, with recommendations
for change as appropriate. The review will be completed by December
2007, by which time the Government will publish details of the
actions it will take. Any legislative amendments will be subject
to Post Implementation Review in accordance with Better Regulation
principles as above.
November 2006
38 Whilst primary legislation under the Export Control
Act 2002 is not the subject of this review, if a change is agreed
which can only be effected through amending primary legislation,
then this course of action will be followed. Back
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