4 Preconditions and tests for LROs
7. The LRRA sets out tests for a legislative reform
order (LRO) made pursuant to section 1 of the LRRA. 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.
8. In the present case, we do not consider that
any issues arise under Standing Order No. 151, nor that matters
of constitutional significance arise. This report therefore addresses
only the other criteria: whether a burden exists, whether the
proposal is proportionate and strikes a fair balance between the
public interest and any adversely affected parties, whether there
is removal of necessary protection, whether the continued exercise
of reasonable rights and freedoms is prevented, and whether the
Order is appropriate for delegated legislation.
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