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Amendment of the 2003 Regulations

13.  After regulation 36 insert—

Review of implementation

37.(1) Before the end of each review period, the Secretary of State must—

(a)carry out a review of the implementation in the United Kingdom of the Directive;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the implementation in the United Kingdom of the Directive;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) “Review period” means—

(a)the period of five years beginning with the 26th May 2011; and

(b)subject to paragraph (5), each successive period of 5 years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to being with the day on which that report is published.