Apprenticeships, Skills, Children and Learning Act 2009

170 Duty not to impose or maintain unnecessary burdens

(1) Ofqual must keep its regulatory functions under review.

(2) Ofqual must secure that in performing any of its regulatory functions it does not—

(a) impose burdens which it considers to be unnecessary, or

(b) maintain burdens which it considers to have become unnecessary.

(3) Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.

(4) Ofqual must publish a statement setting out—

(a) what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

(b) (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and

(c) where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.

(5) The first statement published under this section—

(a) must be published as soon as reasonably practicable after the commencement of section 127, and

(b) is to be a statement for the period of 12 months beginning with the day of its publication.

(6) A subsequent statement published under this section—

(a) must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and

(b) must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

(7) Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.

(8) In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).