Select Committee on Regulatory Reform Sixth Report

3  Preconditions and tests for LROs

9.  The relevant tests for a legislative reform order (LRO) made pursuant to section 1 of the LRRA are set out in that Act. In addition, our standing orders require us to consider whether LROs give rise to issues under the criteria for consideration of statutory instruments in Standing Order No. 151 (such as whether the draft Order purports to have retrospective effect) and whether the draft Order purports to make an inappropriate use of delegated legislation.

10.  In the present case, we do not believe that any issues arise under Standing Order No. 151, nor that there are any issues of proportionality or constitutional significance. The term "constitutional significance" in the LRRA refers to matters of national constitutional rather than corporate constitutional significance. Therefore in this report we address only other criteria.

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