Legislative and Regulatory Reform Act 2006

13 Consultation

(1) If a Minister proposes to make an order under this Part he must—

(a) consult such organisations as appear to him to be representative of interests substantially affected by the proposals;

(b) where the proposals relate to the functions of one or more statutory bodies, consult those bodies, or persons appearing to him to be representative of those bodies;

(c) consult the Assembly where the proposals, so far as applying in or as regards Wales, relate to any matter in relation to which the Assembly exercises functions (and where the Assembly’s agreement is not required under section 11);

(d) in such cases as he considers appropriate, consult the Law Commission, the Scottish Law Commission or the Northern Ireland Law Commission; and

(e) consult such other persons as he considers appropriate.

(2) If, as a result of any consultation required by subsection (1), it appears to the Minister that it is appropriate to change the whole or any part of his proposals, he must undertake such further consultation with respect to the changes as he considers appropriate.

(3) If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this section, those requirements shall to that extent be taken to have been satisfied.

(4) Where—

(a) proposals for an order under this Part are the same as proposals for an order under section 1 of the Regulatory Reform Act 2001 (c. 6),

(b) consultation has at any time been undertaken in relation to the proposals under section 5 of that Act, and

(c) that consultation satisfied the requirements of that section in relation to the proposals,

the requirements of this section shall be taken to have been satisfied in relation to the proposals.

(5) In subsection (1)(b) “statutory body” means—

(a) a body established by or under any enactment; or

(b) the holder of any office so established.