Small Business, Enterprise and Employment Act 2015

28 Duty to review regulatory provisions in secondary legislation U.K.

(1) This section applies where—

(a) an Act confers a power or duty on a Minister of the Crown to make secondary legislation, and

(b) the Minister exercises the power or duty so as to—

(i) make regulatory provision in relation to any qualifying activity (see sections 29 and 32), or

(ii) amend regulatory provision made in relation to any qualifying activity.

(2) The Minister must—

(a) make provision for review in the secondary legislation in which the regulatory provision is made (see section 30), or

(b) publish a statement that it is not appropriate in the circumstances to make provision for review in that legislation (see section 31).

(3) This section does not apply if or to the extent that the power or duty is to be exercised so as to—

(a) make or amend—

(i) provision imposing, abolishing or varying any tax, duty, levy or other charge, or

(ii) provision in connection with provision falling within sub-paragraph (i);

(b) make or amend provision in connection with procurement;

(c) make or amend provision in connection with the giving of grants or other financial assistance by or on behalf of a public authority;

(d) make or amend provision which is to cease to have effect before the end of the period of 5 years beginning with the commencement date; or

(e) make or amend provision which is subject to review by virtue of existing provision in the secondary legislation.

(4) In this section and section 29 “public authority” [F1 means—

(a)

a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or

(b)

the Advanced Research and Invention Agency.]

Textual Amendments

F1 Words in s. 28(4) substituted (25.1.2023) by Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 11; S.I. 2023/58, reg. 2

Modifications etc. (not altering text)

C1 S. 28 excluded (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(e), Sch. 7 para. 27 (with s. 19, Sch. 8 para. 37)

C2 S. 28 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(e), Sch. 5 para. 31

C3 S. 28 excluded (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 20(5), 22(1)(e)

Commencement Information

I1 S. 28 in force at 1.7.2015 by S.I. 2015/1329, reg. 5