Legislative and Regulatory Reform Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Legislative and Regulatory Reform Bill

Legislative and Regulatory Reform Bill
Part 1 — Order-making powers
1

A
Bill
To
enable provision to be made for the purpose of removing or reducing burdens
resulting from legislation, promoting regulatory principles and implementing
recommendations of the Law Commission, the Scottish Law Commission and
the Northern Ireland Law Commission; to make provision about the exercise
of regulatory functions; to make provision about the interpretation of
legislation relating to the European Communities and the European Economic
Area; to make provision relating to section 2(2) of the European Communities
Act 1972; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Order-making powers
Powers
1
Power to remove or reduce burdens
(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).
(2)
That purpose is removing or reducing any burden, or the overall burdens,
resulting directly or indirectly for any person from any legislation.
(3)
In this section “burden” means any of the following—
(a)
a financial cost;
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(b)
an administrative inconvenience;
(c)
an obstacle to efficiency, productivity or profitability; or
(d)
a sanction, criminal or otherwise, for doing or not doing anything in the
course of any activity.

HL Bill 109 54/1

Legislative and Regulatory Reform Bill
Part 1 — Order-making powers
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(4)
Provision may not be made under subsection (1) in relation to any burden
which affects only a Minister of the Crown or government department, unless
it affects the Minister or department in the exercise of a regulatory function.
(5)
For the purposes of subsection (2), a financial cost or administrative
inconvenience may result from the form of any legislation (for example, where
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the legislation is hard to understand).
(6)
In this section “legislation” means any of the following or a provision of any of
the following—
(a)
a public general Act or local Act (whether passed before or after the
commencement of this section), or
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(b)
any Order in Council, order, rules, regulations, scheme, warrant,
byelaw or other subordinate instrument made at any time under an Act
referred to in paragraph (a),

but does not include any instrument which is, or is made under, Northern
Ireland legislation.
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(7)
Subject to this Part, the provision that may be made under subsection (1)
includes—
(a)
provision conferring functions on any person (including functions of
legislating or functions relating to the charging of fees),
(b)
provision modifying the functions conferred on any person by any
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enactment,
(c)
provision transferring, or providing for the transfer or delegation of,
the functions conferred on any person by any enactment,
(d)
provision abolishing a body or office established by or under an
enactment,
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and provision made by amending or repealing any enactment.
(8)
An order under this section may contain such consequential, supplementary,
incidental or transitional provision (including provision made by amending or
repealing any enactment or other provision) as the Minister making it
considers appropriate.
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(9)
An order under this section may bind the Crown.
(10)
An order under this section must be made in accordance with this Part.
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Power to promote regulatory principles
(1)
A Minister of the Crown may by order under this section make any provision
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
comply with the principles in subsection (3).
(3)
Those principles are that—
(a)
regulatory activities should be carried out in a way which is
transparent, accountable, proportionate and consistent;
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(b)
regulatory activities should be targeted only at cases in which action is
needed.
(4)
Subject to this Part, the provision that may be made under subsection (1) for the
purpose in subsection (2) includes—

Legislative and Regulatory Reform Bill
Part 1 — Order-making powers
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(a)
provision modifying the way in which a regulatory function is
exercised by any person,
(b)
provision amending the constitution of a body exercising regulatory
functions which is established by or under an enactment,
(c)
provision transferring, or providing for the transfer or delegation of,
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the regulatory functions conferred on any person,
(d)
provision creating a new body to which, or a new office to the holder of
which, functions are transferred under paragraph (c),
(e)
provision abolishing a body or office established by or under an
enactment,
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and provision made by amending or repealing any enactment.
(5)
An order under this section may contain such consequential, supplementary,
incidental or transitional provision (including provision made by amending or
repealing any enactment or other provision) as the Minister making it
considers appropriate.
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(6)
An order under this section may bind the Crown.
(7)
An order under this section must be made in accordance with this Part.
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Power to implement Law Commission recommendations
(1)
A Minister of the Crown may by order under this section make any provision
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
the United Kingdom Law Commissions, with or without changes.
(3)
In this Part “the United Kingdom Law Commissions” means—
(a)
the Law Commission;
(b)
the Scottish Law Commission; and
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(c)
the Northern Ireland Law Commission.
(4)
Subject to this Part, the provision that may be made under subsection (1)
includes—
(a)
provision amending or abolishing any rule of law,
(b)
provision codifying rules of law,
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(c)
provision conferring functions on any person (including functions of
legislating or functions relating to the charging of fees),
(d)
provision modifying the functions conferred on any person by any
enactment,
(e)
provision transferring, or providing for the transfer or delegation of,
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the functions conferred on any person by any enactment,
(f)
provision abolishing a body or office established by or under an
enactment,

and provision made by amending or repealing any enactment.
(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
considers appropriate.
(6)
An order under this section may bind the Crown.

Legislative and Regulatory Reform Bill
Part 1 — Order-making powers
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(7)
An order under this section must be made in accordance with this Part.
Restrictions
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Preconditions
(1)
A Minister may not make provision under section 1(1), 2(1) or 3(1) unless he
considers that the conditions in subsection (2), where relevant, are satisfied in
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relation to that provision.
(2)
Those conditions are that—
(a)
the policy objective intended to be secured by the provision could not
be satisfactorily secured by non-legislative means;
(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
public interest and the interests of any person adversely affected by it;
(d)
the provision does not remove any necessary protection;
(e)
the provision does not prevent any person from continuing to exercise
any right or freedom which that person might reasonably expect to
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continue to exercise.
(3)
Subsection (1) does not apply in relation to—
(a)
provision under section 1(1), 2(1) or 3(1) which merely restates an
enactment; or
(b)
provision under section 3(1) which codifies a rule of law.
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(4)
A Minister may not make —
(a)
provision under section 1(1), 2(1) or 3(1) which merely restates an
enactment, or
(b)
provision under section 3(1) which codifies a rule of law,

unless he considers that the condition in subsection (5) is satisfied in relation to
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that provision.
(5)
That condition is that the provision made would make the law more accessible
or more easily understood.
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Subordinate legislation
(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.
(2)
The condition in this subsection is that the function is exercisable by statutory
instrument.
(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
Parliament; or
(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.
(4)
Subsection (1) does not apply to provision which merely restates an enactment.
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