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enable provision to be made for the purpose of removing or reducing burdens |
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resulting from legislation, promoting regulatory principles and implementing |
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recommendations of the Law Commission, the Scottish Law Commission and |
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the Northern Ireland Law Commission; to make provision about the exercise |
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of regulatory functions; to make provision about the interpretation of |
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legislation relating to the European Communities and the European Economic |
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Area; to make provision relating to section 2(2) of the European Communities |
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Act 1972; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Power to remove or reduce burdens |
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(1) | A Minister of the Crown may by order under this section make any provision |
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which he considers would serve the purpose in subsection (2). |
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(2) | That purpose is removing or reducing any burden, or the overall burdens, |
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resulting directly or indirectly for any person from any legislation. |
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(3) | In this section “burden” means any of the following— |
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(b) | an administrative inconvenience; |
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(c) | an obstacle to efficiency, productivity or profitability; or |
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(d) | a sanction, criminal or otherwise, for doing or not doing anything in the |
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(4) | Provision may not be made under subsection (1) in relation to any burden |
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which affects only a Minister of the Crown or government department, unless |
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it affects the Minister or department in the exercise of a regulatory function. |
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(5) | For the purposes of subsection (2), a financial cost or administrative |
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inconvenience may result from the form of any legislation (for example, where |
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the legislation is hard to understand). |
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(6) | In this section “legislation” means any of the following or a provision of any of |
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(a) | a public general Act or local Act (whether passed before or after the |
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commencement of this section), or |
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(b) | any Order in Council, order, rules, regulations, scheme, warrant, |
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byelaw or other subordinate instrument made at any time under an Act |
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referred to in paragraph (a), |
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| but does not include any instrument which is, or is made under, Northern |
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(7) | Subject to this Part, the provision that may be made under subsection (1) |
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(a) | provision conferring functions on any person (including functions of |
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legislating or functions relating to the charging of fees), |
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(b) | provision modifying the functions conferred on any person by any |
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(c) | provision transferring, or providing for the transfer or delegation of, |
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the functions conferred on any person by any enactment, |
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(d) | provision abolishing a body or office established by or under an |
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| and provision made by amending or repealing any enactment. |
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(8) | An order under this section may contain such consequential, supplementary, |
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incidental or transitional provision (including provision made by amending or |
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repealing any enactment or other provision) as the Minister making it |
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(9) | An order under this section may bind the Crown. |
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(10) | An order under this section must be made in accordance with this Part. |
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2 | Power to promote regulatory principles |
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(1) | A Minister of the Crown may by order under this section make any provision |
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which he considers would serve the purpose in subsection (2). |
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(2) | That purpose is securing that regulatory functions are exercised so as to |
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comply with the principles in subsection (3). |
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(3) | Those principles are that— |
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(a) | regulatory activities should be carried out in a way which is |
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transparent, accountable, proportionate and consistent; |
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(b) | regulatory activities should be targeted only at cases in which action is |
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(4) | Subject to this Part, the provision that may be made under subsection (1) for the |
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purpose in subsection (2) includes— |
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(a) | provision modifying the way in which a regulatory function is |
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(b) | provision amending the constitution of a body exercising regulatory |
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functions which is established by or under an enactment, |
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(c) | provision transferring, or providing for the transfer or delegation of, |
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the regulatory functions conferred on any person, |
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(d) | provision creating a new body to which, or a new office to the holder of |
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which, functions are transferred under paragraph (c), |
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(e) | provision abolishing a body or office established by or under an |
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| and provision made by amending or repealing any enactment. |
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(5) | An order under this section may contain such consequential, supplementary, |
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incidental or transitional provision (including provision made by amending or |
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repealing any enactment or other provision) as the Minister making it |
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(6) | An order under this section may bind the Crown. |
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(7) | An order under this section must be made in accordance with this Part. |
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3 | Power to implement Law Commission recommendations |
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(1) | A Minister of the Crown may by order under this section make any provision |
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which he considers would serve the purpose in subsection (2). |
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(2) | That purpose is the implementation of recommendations of any one or more of |
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the United Kingdom Law Commissions, with or without changes. |
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(3) | In this Part “the United Kingdom Law Commissions” means— |
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(b) | the Scottish Law Commission; and |
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(c) | the Northern Ireland Law Commission. |
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(4) | Subject to this Part, the provision that may be made under subsection (1) |
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(a) | provision amending or abolishing any rule of law, |
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(b) | provision codifying rules of law, |
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(c) | provision conferring functions on any person (including functions of |
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legislating or functions relating to the charging of fees), |
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(d) | provision modifying the functions conferred on any person by any |
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(e) | provision transferring, or providing for the transfer or delegation of, |
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the functions conferred on any person by any enactment, |
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(f) | provision abolishing a body or office established by or under an |
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| and provision made by amending or repealing any enactment. |
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(5) | An order under this section may contain such consequential, supplementary, |
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incidental or transitional provision (including provision made by amending or |
| |
repealing any enactment or other provision) as the Minister making it |
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(6) | An order under this section may bind the Crown. |
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(7) | An order under this section must be made in accordance with this Part. |
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(1) | A Minister may not make provision under section 1(1), 2(1) or 3(1) unless he |
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considers that the conditions in subsection (2), where relevant, are satisfied in |
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relation to that provision. |
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(2) | Those conditions are that— |
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(a) | the policy objective intended to be secured by the provision could not |
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be satisfactorily secured by non-legislative means; |
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(b) | the effect of the provision is proportionate to the policy objective; |
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(c) | the provision, taken as a whole, strikes a fair balance between the |
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public interest and the interests of any person adversely affected by it; |
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(d) | the provision does not remove any necessary protection; |
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(e) | the provision does not prevent any person from continuing to exercise |
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any right or freedom which that person might reasonably expect to |
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(3) | Subsection (1) does not apply in relation to— |
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(a) | provision under section 1(1), 2(1) or 3(1) which merely restates an |
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(b) | provision under section 3(1) which codifies a rule of law. |
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(4) | A Minister may not make — |
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(a) | provision under section 1(1), 2(1) or 3(1) which merely restates an |
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(b) | provision under section 3(1) which codifies a rule of law, |
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| unless he considers that the condition in subsection (5) is satisfied in relation to |
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(5) | That condition is that the provision made would make the law more accessible |
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or more easily understood. |
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5 | Subordinate legislation |
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(1) | An order under this Part may not make provision to confer a function of |
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legislating on a Minister of the Crown (alone or otherwise) unless the |
| |
conditions in subsections (2) and (3) are satisfied. |
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(2) | The condition in this subsection is that the function is exercisable by statutory |
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(3) | The condition in this subsection is that such a statutory instrument— |
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(a) | is subject to annulment in pursuance of a resolution of either House of |
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(b) | is not to be made unless a draft of the statutory instrument has been laid |
| |
before and approved by a resolution of each House of Parliament. |
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(4) | Subsection (1) does not apply to provision which merely restates an enactment. |
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