Regulatory Reform Bill [H.L.] - continued        House of Lords
Power to make provision reforming law which imposes burdens - continued

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Document to be laid before Parliament.     6. - (1) If, after the conclusion of-
 
 
    (a) the consultation required by section 5(1), and
 
    (b) any further consultation undertaken as mentioned in subsection 5(3),
       the Minister considers it appropriate to proceed with the making of an order under section 1, he shall lay before Parliament a document containing his proposals in the form of a draft of the order, together with details of the matters specified in subsection (2).
 
      (2) The matters referred to in subsection (1) are-
 
 
    (a) the burdens which the existing law affected by the proposals has the effect of imposing,
 
    (b) whether any of those burdens are removed or reduced,
 
    (c) whether and, if so, how the proposals further the objects mentioned in section 1(1)(b), (c) and (d),
 
    (d) whether the existing law affected by the proposals affords any necessary protection and, if so, how that protection is to be continued,
 
    (e) whether any of the proposals could prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise and, if so, how he is to be enabled to continue to exercise that right or freedom,
 
    (f) whether the proposals would have the effect of creating a burden affecting any person in the carrying on of an activity and, if so, how the conditions in section 1(1)(c) and 3(2) are satisfied in relation to the burdens being created,
 
    (g) whether any provisions of the proposed order are being designated as subordinate provisions for the purposes of section 4 and, if so, why they are being so designated,
 
    (h) whether any savings or increases in cost are estimated to result from the proposals and, if so, either the estimated amount or the reasons why savings or increases in cost should be expected,
 
    (i) any benefits (other than savings in cost) which are expected to flow from the implementation of the proposals,
 
    (j) any consultation undertaken as required by section 5(1) or (3),
 
    (k) any representations received as a result of that consultation, and
 
    (l) the changes (if any) which the Minister has made to his original proposals in the light of those representations.
Representations made in confidence or containing damaging information.     7. - (1) Subsection (2) applies where a person ("the respondent"), in making any representations as a result of any consultation undertaken as required by section 5(1) or (3), requests that the Minister should not disclose the representations made by the respondent.
 
      (2) Where this subsection applies, the Minister, in giving details of the representations referred to in section 6(2)(k), shall disclose the fact that the respondent has made representations, but shall not disclose the respondent's representations except-
 
 
    (a) with the consent of the respondent and, where the information contained in the representations relates to any other person or business, of the person to whom the information relates or of the person for the time being carrying on the business, or
 
    (b) in such a manner as not to identify them with that respondent or with that other person or business.
      (3) Where a person, in making any representations as a result of any consultation undertaken as required by section 5(1) or (3), discloses information which relates to a third person, the Minister is not obliged to disclose that information in giving details of the representations referred to in section 6(2)(k) if, or to the extent that-
 
 
    (a) it appears to the Minister that the disclosure of that information could adversely affect the interests of the third person, and
 
    (b) the Minister has been unable either to verify the information or to obtain the consent of the third party to the disclosure.
      (4) Subsections (2) and (3) do not affect any disclosure which-
 
 
    (a) is requested during the period for Parliamentary consideration, as defined by section 8(2), by any committee of either House of Parliament charged with reporting on the proposals in question, and
 
    (b) is made to that committee.
Parliamentary consideration of proposals.     8. - (1) Where a document has been laid before Parliament under section 6(1), no draft of an order under section 1 to give effect (with or without variations) to proposals in that document shall be laid before Parliament until after the expiry of the period for Parliamentary consideration, as defined by subsection (2).
 
      (2) In this section "the period for Parliamentary consideration", in relation to a document, means the period of sixty days beginning on the day on which it was laid before Parliament.
 
      (3) In reckoning the period of sixty days referred to in subsection (2), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.
 
      (4) In preparing a draft of an order under section 1 to give effect, with or without variations, to proposals in a document laid before Parliament under section 6(1), the Minister concerned shall have regard to any representations made during the period for Parliamentary consideration and, in particular, to any resolution or report of, or of any committee of, either House of Parliament with regard to the document.
 
      (5) Together with a draft of an order laid before Parliament under section 4(2), the Minister concerned shall lay a statement giving details of-
 
 
    (a) any representations, resolution or report falling within subsection (4); and
 
    (b) the changes (if any) which, in the light of any such representations, resolution or report, the Minister has made to his proposals as contained in the document previously laid before Parliament under section 6(1).
      (6) Section 7 shall apply in relation to the representations referred to in subsection (5)(a) as it applies in relation to the representations referred to in section 6(2)(k), but with the omission of subsection (4).
 
 
Enforcement practice
Codes of practice relating to enforcement of regulatory requirements.     9. - (1) If it appears to the appropriate authority-
 
 
    (a) that the effect of the provision made by any enactment is such as to impose, or to authorise or require the imposition of, a restriction, requirement or condition affecting any person, and
 
    (b) that the practice followed by enforcement officers in relation to the enforcement of the restriction, requirement or condition ought to be improved so far as fairness, transparency and consistency are concerned,
       the appropriate authority may issue a code of practice setting out recommended practice in relation to the enforcement of the restriction, requirement or condition.
 
      (2) A code of practice under this section may, in particular, relate to-
 
 
    (a) the practice to be adopted by all enforcement officers in enforcing all restrictions, requirements or conditions imposed by specified enactments, or
 
    (b) the practice to be adopted by enforcement officers of a specified description, or by enforcement officers in specified areas.
      (3) Where-
 
 
    (a) a court or tribunal finds that a person has failed to comply with a restriction, requirement or condition,
 
    (b) a code of practice under this section applies in relation to the enforcement of that restriction, requirement or condition, and
 
    (c) it appears to the court or tribunal that there has been a failure to comply with the code,
       the court or tribunal may take the failure to comply with the code into account in deciding how to deal with the failure to comply with the restriction, requirement or condition.
 
      (4) A code of practice under this section may not include any provision which, if contained in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament.
 
      (5) In this section and section 10-
 
 
    "the appropriate authority" means-
 
      (a) in the case of a code of practice which relates to enforcement action which is a function of the National Assembly for Wales, the Assembly or a Minister of the Crown acting with the agreement of the Assembly, or
 
      (b) in any other case, a Minister of the Crown;
 
    "enactment" includes an enactment comprised in subordinate legislation but not an enactment comprised in Northern Ireland legislation, as defined by section 24(5) of the Interpretation Act 1978;
 
    "enforcement action"-
 
      (a) in relation to any restriction, requirement or condition, means any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it, and
 
      (b) in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;
 
    "enforcement officer" does not include-
 
      (a) the Director of Public Prosecutions,
 
      (b) the Lord Advocate or a procurator fiscal, or
 
      (c) the Director of Public Prosecutions for Northern Ireland,
 
    but, subject to that, means any person who is authorised, whether by or under an enactment or otherwise, to take enforcement action;
 
    "licence" includes any authorisation (by whatever name called) to do anything which would otherwise be unlawful.
Making of codes of practice by Ministers of the Crown.     10. - (1) Where a Minister of the Crown proposes to issue or revise a code of practice under section 9, he shall prepare a draft of the code (or revised code).
 
      (2) The Minister shall consult about the draft-
 
 
    (a) persons appearing to him to be representative of enforcement officers who are authorised to enforce any of the restrictions, requirements or conditions to which the code of practice relates,
 
    (b) if the draft relates to Wales, the National Assembly for Wales, and
 
    (c) such other persons as he considers appropriate.
      (3) If the Minister determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament.
 
      (4) If, within the 40-day period, either House resolves not to approve the draft, the Minister shall take no further steps in relation to the proposed code.
 
      (5) If no such resolution is made within the 40-day period, the Minister shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Minister may by order made by statutory instrument appoint.
 
      (6) Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament.
 
      (7) In this section "40-day period", in relation to the draft of a proposed code, means-
 
 
    (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
 
    (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
       no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
 
      (8) In this section references to a proposed code include references to a proposed revised code.
 
Making of codes of practice by National Assembly for Wales.     11. - (1) Where the National Assembly for Wales proposes to issue or revise a code of practice under section 9, the Assembly shall prepare a draft of the code (or revised code).
 
      (2) The Assembly shall consult about the draft-
 
 
    (a) persons appearing to the Assembly to be representative of enforcement officers who are authorised to enforce any of the restrictions, requirements or conditions to which the code of practice relates, and
 
    (b) such other persons as the Assembly considers appropriate.
      (3) Any code issued by the Assembly shall come into force on such day as the Assembly may by order made by statutory instrument appoint.
 
 
Supplementary
Repeals and savings.     12. - (1) Sections 1 to 5 of, and Schedule 1 to, the 1994 Act (which are superseded by the provisions of this Act)-
 
 
    (a) are hereby repealed as respects England and Wales and Northern Ireland, and
 
    (b) shall cease to have effect as respects Scotland except in so far as they relate to the making of orders by the Scottish Ministers.
      (2) Where a document has been laid before Parliament under section 3(3) of the 1994 Act before the day on which this Act is passed, but no draft of an implementing order has been laid before Parliament before that day, subsection (1) does not affect the application of sections 1 to 4 of that Act in relation to the making of an implementing order.
 
      (3) In subsection (2) "an implementing order", in relation to any document laid before Parliament under section 3(3) of the 1994 Act, means an order to give effect (with or without variations) to proposals in that document.
 
      (4) Subsection (1) does not affect the continuation in force of any order under section 1 of the 1994 Act which-
 
 
    (a) was made before the day on which this Act is passed, or
 
    (b) is made on or after that day by virtue of subsection (2).
 
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