http://www.legislation.gov.uk/ukpga/2016/12/section/16/enactedEnterprise Act 2016enKing's Printer of Acts of Parliament2016-07-05 PART 2 16 1 After section 110 of the Deregulation Act 2015 insert— 110A 1 A person with regulatory functions to which section 108 applies (a “regulator”) must prepare and publish a performance report in respect of each reporting period. 2 A performance report is a report about the effect of performance of the duty under section 108(1) on the way the regulator exercised its functions to which that section applies (its “relevant functions”). 3 A performance report must include— a the regulator’s assessment— i of the views of persons carrying on businesses about the effect mentioned in subsection (2), and ii of the impact on such persons of that effect; b a description of the effect the regulator expects performance of the duty under section 108(1) to have on the way it exercises its relevant functions in future. 4 In preparing and publishing a performance report a regulator must follow any guidance given from time to time by a Minister of the Crown, unless the regulator considers that there is a good reason not to do so. 5 Guidance under subsection (4) may, in particular, include guidance as to— a information or other matters to be included in a performance report; b information to be obtained for the purposes of a performance report; c the means by which information should be obtained for the purposes of a performance report. 6 A performance report must be published no later than three months after the end of the reporting period concerned. 7 A reporting period is a period of 12 months, except as provided by subsection (12)(b). 8 A new reporting period begins immediately after the end of each reporting period. 9 A regulator must give to a Minister of the Crown any information that the Minister may from time to time request which relates to— a the effect of performance of the duty under section 108(1) on the way the regulator performs, has performed, or is expected to perform, its relevant functions, b the views of persons carrying on businesses about the effect mentioned in paragraph (a) or the impact on such persons of that effect, or c any aspect of a performance report in relation to which it appears to the Minister that guidance under subsection (4) has not been followed. 10 A regulator is not required by this section to include in a performance report, or to give to a Minister of the Crown, information about the exercise of functions in relation to a particular person. 11 This section is subject to any express restriction on disclosure imposed by another enactment (ignoring any restriction which allows disclosure if authorised by an enactment). 12 A regulator’s first reporting period— a begins— i on the day on which section 16 of the Enterprise Act 2016 comes into force, or ii in the case of a person that becomes a regulator (see subsection (1)) after that day, on the day on which the person becomes a regulator; b is of a length determined by the regulator, but is not to exceed 12 months. 2 In section 111 of that Act (interpretation of sections 108 to 110)— a in the heading and subsection (1) for “110” substitute “110A”, and b in subsection (4) for “and 110” substitute “to 110A”.