Enterprise Act 2016

15 Duty to report on effect of regulators’ code

After section 23 of the Legislative and Regulatory Reform Act 2006 insert—

“23A Code of practice: performance reports and information requirements

(1) A relevant regulator must prepare and publish a performance report in respect of each reporting period.

(2) A performance report is a report about the effect of performance of the duties in section 22 (duties to have regard to code of practice) on the way the relevant regulator exercised its relevant functions.

(3) A relevant regulator is a person with regulatory functions to which section 22 applies, other than a local authority.

(4) A performance report must include—

(a) the relevant regulator’s assessment—

(i) of the views of persons carrying on businesses about the effect mentioned in subsection (2), and

(ii) of the impact on such persons of that effect;

(b) a description of the effect the relevant regulator expects performance of the duties in section 22 to have on the way it exercises its relevant functions in future.

(5) In preparing and publishing a performance report a relevant regulator must follow any guidance given from time to time by a Minister of the Crown, unless the regulator considers that there is a good reason not to do so.

(6) Guidance under subsection (5) may, in particular, include guidance as to—

(a) information or other matters to be included in a performance report;

(b) information to be obtained for the purposes of a performance report;

(c) the means by which information should be obtained for the purposes of a performance report.

(7) A performance report must be published no later than three months after the end of the reporting period concerned.

(8) A reporting period is a period of 12 months, except as provided by subsection (13)(b).

(9) A new reporting period begins immediately after the end of each reporting period.

(10) A relevant regulator other than the Commission for Equality and Human Rights must give to a Minister of the Crown any information that the Minister may from time to time request which relates to—

(a) the effect of performance of the duties in section 22 on the way the relevant regulator performs, has performed, or is expected to perform, its relevant functions,

(b) the views of persons carrying on businesses about the effect mentioned in paragraph (a) or the impact on such persons of that effect, or

(c) any aspect of a performance report in relation to which it appears to the Minister that guidance under subsection (5) has not been followed.

(11) This section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment).

(12) In this section—

• “local authority” means—

  (a)

  a county or district council in England;

  (b)

  a London borough council;

  (c)

  the Common Council of the City of London;

  (d)

  the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;

  (e)

  the Council of the Isles of Scilly;

  (f)

  a port health authority in England;

  (g)

  an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities for Greater London and metropolitan counties);

  (h)

  a county or county borough council in Wales;

  (i)

  a fire and rescue authority in Wales;

  (j)

  a port health authority in Wales;

  (k)

  a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

  (l)

  a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972;

• “relevant functions” means functions in the exercise of which a relevant regulator is required by section 22 to have regard to the code of practice under subsection (1) of that section.

(13) A relevant regulator’s first reporting period—

(a) begins—

(i) on the day on which section 15 of the Enterprise Act 2016 comes into force, or

(ii) in the case of a person that becomes a relevant regulator after that day, on the day on which the person becomes a relevant regulator;

(b) is of a length determined by the relevant regulator, but is not to exceed 12 months.”