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 appears
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 there
are any issues of constitutional significance arise. This report
therefore addresses only the other relevant 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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