Regulatory Reform Act 2001
Encyclopedia
The Regulatory Reform Act 2001 (c.6) is an Act
of the Parliament
of the United Kingdom
. It replaced the Deregulation and Contracting Out Act 1994
. It removed some of the constraints on Deregulation Orders under the 1994 Act, by providing wider powers for government ministers to make a Regulatory Reform Order by statutory instrument
.
The Act was introduced to the House of Lords
on 7 December 2000, and passed to the House of Commons
on 19 March 2001. It passed its Report Stage and Third Reading on 5 April 2001.
Under the 2001 Act, a government minister can make a Regulatory Reform Order to "[reform] legislation which has the effect of imposing burdens", with a view to removing or reducing the regulatory burdens. The Act can only be used to reform existing legislation, so cannot be used to codify the common law
, and can only be used where burdens are removed (although, unlike the 1994 Act, new burdens can also be imposed where proportional). An Order cannot be used to remove "necessary protections". The draft Order must be opened to public consultation, reviewed by Committees from both Houses of Parliament, and then approved by both Houses of Parliament. However, they are not debated on the floor of either chamber, unlike a Bill.
The Act provided for four Deregulation Orders that were moving through the approval process to be completed. Between enactment in April 2001 and July 2005, the Act was used to pass 27 Regulatory Reform Orders. For example, to make orders to remove restrictions on business tenancies; to liberalise rules on gaming machines; to extend licensing hours for New Year's Eve
2001; and, for the Queen's Golden Jubilee
, to remove the 20-partner limit on partnerships, and to rationalise legislation on fire safety.
The Act has been largely replaced Legislative and Regulatory Reform Act 2006. The Act expands the range of ministerial order-making powers, allowing orders to be made in a wider range of circumstances, more quickly and efficiently, with less consultation and scrutiny.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It replaced the Deregulation and Contracting Out Act 1994
Deregulation and Contracting Out Act 1994
The Deregulation and Contracting Out Act 1994 is an Act of the Parliament of the United Kingdom. It introduced wide ranging measures aiming to cut government expenditure and bureaucracy...
. It removed some of the constraints on Deregulation Orders under the 1994 Act, by providing wider powers for government ministers to make a Regulatory Reform Order by statutory instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
.
The Act was introduced to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on 7 December 2000, and passed to the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
on 19 March 2001. It passed its Report Stage and Third Reading on 5 April 2001.
Under the 2001 Act, a government minister can make a Regulatory Reform Order to "[reform] legislation which has the effect of imposing burdens", with a view to removing or reducing the regulatory burdens. The Act can only be used to reform existing legislation, so cannot be used to codify the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, and can only be used where burdens are removed (although, unlike the 1994 Act, new burdens can also be imposed where proportional). An Order cannot be used to remove "necessary protections". The draft Order must be opened to public consultation, reviewed by Committees from both Houses of Parliament, and then approved by both Houses of Parliament. However, they are not debated on the floor of either chamber, unlike a Bill.
The Act provided for four Deregulation Orders that were moving through the approval process to be completed. Between enactment in April 2001 and July 2005, the Act was used to pass 27 Regulatory Reform Orders. For example, to make orders to remove restrictions on business tenancies; to liberalise rules on gaming machines; to extend licensing hours for New Year's Eve
New Year's Eve
New Year's Eve is observed annually on December 31, the final day of any given year in the Gregorian calendar. In modern societies, New Year's Eve is often celebrated at social gatherings, during which participants dance, eat, consume alcoholic beverages, and watch or light fireworks to mark the...
2001; and, for the Queen's Golden Jubilee
Golden Jubilee
A Golden Jubilee is a celebration held to mark a 50th anniversary.- In Thailand :King Bhumibol Adulyadej, the world's longest-reigning monarch, celebrated his Golden Jubilee on 9 June 1996.- In the Commonwealth Realms :...
, to remove the 20-partner limit on partnerships, and to rationalise legislation on fire safety.
The Act has been largely replaced Legislative and Regulatory Reform Act 2006. The Act expands the range of ministerial order-making powers, allowing orders to be made in a wider range of circumstances, more quickly and efficiently, with less consultation and scrutiny.
External links
- Text of the Act, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - Explanatory notes to the Act, from Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - Developments since enactment from the Cabinet OfficeCabinet OfficeThe Cabinet Office is a department of the Government of the United Kingdom responsible for supporting the Prime Minister and Cabinet of the United Kingdom....
.