PART 2Regulatory reform
Secondary legislation: duty to review
28Duty to review regulatory provisions in secondary legislation
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” has the same meaning as in the Freedom of Information Act 2000 (see section 3 of that Act).