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Statutory Instruments
REGULATORY REFORM, ENGLAND AND WALES
Made
23rd June 2005
Coming into force in accordance with Article 1(1)
Whereas:
(a)the Lord Chancellor consulted—
(i)such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order,
(ii)the Law Commission,
(iii)the National Assembly for Wales, and
(iv)such other persons as he considered appropriate;
(b)following this consultation the Lord Chancellor considered it appropriate to proceed with the making of this Order;
(c)a document containing the Lord Chancellor’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(1) and the period for Parliamentary consideration under section 8 of that Act has expired;
(d)the Lord Chancellor had regard to the representations made during that period and in particular to the Fourteenth Report of the Session 2003–04 of the House of Commons Regulatory Reform Committee and the Thirty-fourth Report of the Session 2003–04 of the House of Lords Delegated Powers and Regulatory Reform Committee;
(e)a draft of this Order was laid before Parliament with a statement giving details of any such representations and the changes to the Lord Chancellor’s proposals made in the light of them;
(f)the draft was approved by resolution of each House of Parliament;
(g)the Lord Chancellor is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;
(h)this Order creates burdens affecting persons in the carrying on of certain activities, and the Lord Chancellor is of the opinion that—
(i)the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and
(ii)the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;
Now, therefore, the Lord Chancellor, in exercise of the powers conferred upon him by section 1 of the Regulatory Reform Act 2001, makes the following Order:
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