The Byelaws (Alternative Procedure) (England) Regulations 2016

Byelaw proposal: assessment and consultation

5.—(1) A relevant authority may prepare a scheme to make a byelaw of a class specified in regulation 4(1).

(2) In preparing a scheme under paragraph (1), the relevant authority must—

(a) prepare a draft of the proposed byelaw;

(b) carry out an assessment of whether the regulatory burden imposed by the proposed byelaw is proportionate, which must include, but need not be limited to—

(i) identification of the objective which the proposed byelaw is seeking to secure;

(ii) whether the objective intended to be secured by the proposed byelaw could be satisfactorily secured by alternative means;

(iii) the impact of the proposed byelaw on all persons identified by the authority as being potentially affected by it;

(iv) whether the result of the proposed byelaw would increase or lessen the regulatory burden on persons potentially affected by the proposed byelaw, insofar as possible expressing that increase or reduction in monetised form;

(v) how these alternative means and the proposed byelaw compare with carrying out no further action; and

(c) prepare a statement of the assessment.

(3) In carrying out an assessment under paragraph (2)(b) the relevant authority must consult with such persons as it considers are potentially affected by the proposed byelaw.

(4) In respect of a statement under paragraph (2)(c), the relevant authority must—

(a) record in the statement—

(i) its conclusions as to the impact of the proposed byelaw on persons potentially affected by the byelaw;

(ii) its conclusions as to whether the proposed byelaw results in an increase in the regulatory burden; and

(iii) in the event that the proposed byelaw results in an increase in the regulatory burden, the reasons why such an increase is considered to be proportionate and necessary;

(b) publish the statement on its website (if it has one); and

(c) publicise the statement in such manner as it considers is likely to bring the statement to the attention of persons who live in its area or may otherwise be affected.