Part X

Rules and Guidance
Chapter I

Rule-making Powers

Procedural provisions

Consultation
155
1
If the Authority proposes to make any rules, it must publish a draft of the proposed rules in the way appearing to it to be best calculated to bring them to the attention of the public.
2
The draft must be accompanied by—
a
a cost benefit analysis;
b
an explanation of the purpose of the proposed rules;
c
an explanation of the Authority’s reasons for believing that making the proposed rules is compatible with its general duties under section 2; and
d
notice that representations about the proposals may be made to the Authority within a specified time.
3
In the case of a proposal to make rules under a provision mentioned in subsection (9), the draft must also be accompanied by details of the expected expenditure by reference to which the proposal is made.
4
Before making the proposed rules, the Authority must have regard to any representations made to it in accordance with subsection (2)(d).
5
If the Authority makes the proposed rules, it must publish an account, in general terms, of—
a
the representations made to it in accordance with subsection (2)(d); and
b
its response to them.
6
If the rules differ from the draft published under subsection (1) in a way which is, in the opinion of the Authority, significant—
a
the Authority must (in addition to complying with subsection (5)) publish details of the difference; and
b
those details must be accompanied by a cost benefit analysis.
7
Subsections (1) to (6) do not apply if the Authority considers that the delay involved in complying with them would be prejudicial to the interests of consumers.
8
Neither subsection (2)(a) nor subsection (6)(b) applies if the Authority considers—
a
that, making the appropriate comparison, there will be no increase in costs; or
b
that, making that comparison, there will be an increase in costs but the increase will be of minimal significance.
9
Neither subsection (2)(a) nor subsection (6)(b) requires a cost benefit analysis to be carried out in relation to rules made under—
a
section 136(2);
b
subsection (1) of section 213 as a result of subsection (4) of that section;
c
section 234;
d
paragraph 17 of Schedule 1.
10
“Cost benefit analysis” means an estimate of the costs together with an analysis of the benefits that will arise—
a
if the proposed rules are made; or
b
if subsection (6) applies, from the rules that have been made.
11
“The appropriate comparison” means—
a
in relation to subsection (2)(a), a comparison between the overall position if the rules are made and the overall position if they are not made;
b
in relation to subsection (6)(b), a comparison between the overall position after the making of the rules and the overall position before they were made.
12
The Authority may charge a reasonable fee for providing a person with a copy of a draft published under subsection (1).