SCHEDULE 4Amendments to the 2006 Rules

12

After rule 28 (applications relating solely to Wales) insert—

Review29

1

The Secretary of State must from time to time—

a

carry out a review of the regulatory provision contained in these Rules; and

b

publish a report setting out the conclusions of the review.

2

The first report must be published before 5th December 2022.

3

Subsequent reports must be published at intervals not exceeding 5 years.

4

Section 30(3) of the Small Business, Enterprise and Employment Act 201536 requires that a review carried out under this rule must, so far as is reasonable, have regard to how the obligations under the Directive are implemented in other Member States.

5

Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this rule must in particular—

a

set out the objectives intended to be achieved by the regulatory provisions referred to in paragraph (1)(a);

b

assess the extent to which those objectives are achieved;

c

assess whether those objectives remain appropriate; and

d

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involved a less onerous regulatory provision.

6

In this rule “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).