PART 5Review

Review12

1

The Secretary of State must—

a

as soon as reasonably practicable after the end of the period of three years from the date on which these Regulations come into force carry out a review of the operation of the provisions in Part 3 (Enforcement and Civil Sanctions) and the Schedule;

b

from time to time carry out a review of the regulatory provision contained in these Regulations (including Part 3 and the Schedule); and

c

publish a report setting out the conclusions of any review.

2

In the case of a review under paragraph (1)(a)—

a

section 67 of the Regulatory Enforcement and Sanctions Act 2008 requires that the review must in particular consider whether the provision has implemented its objectives efficiently and effectively;

b

the Secretary of State, in conducting the review, must consult such persons as the Secretary of State considers appropriate; and

c

the Secretary of State must lay a copy of the report under paragraph (1)(c) before Parliament.

3

In the case of a review under paragraph (1)(b)—

a

the first report must be published before the expiry of the period ending five years from the date on which these Regulations come into force;

b

subsequent reports must be published at intervals not exceeding five years; and

c

section 30(4) of the Small Business, Enterprise and Employment Act 20155 requires that a report published under this regulation must, in particular—

i

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

ii

assess the extent to which those objectives are achieved;

iii

assess whether those objectives remain appropriate; and

iv

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

4

In this regulation “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).