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On 8 January 2007, the Legislative and Regulatory Reform Act 2006 (LRRA) came into force. It replaces the Regulatory Reform Act 2001.
The LRRA includes two order–making powers which a Minister may use to amend primary legislation. The first allows a Minister to make a Legislative Reform Order (LRO) for the purpose of removing or reducing burdens; the second allows a Minister by LRO to ensure that regulatory functions are exercised so as to comply with the five Principles of Good Regulation (that regulatory activities should be carried out in a way that is transparent, accountable, proportionate, consistent, and targeted only at cases in which action is needed).
The Better Regulation Executive has issued step–by–step guidance for officials wishing to use the order–making powers to deliver regulatory reform. For this and contact details for the guidance, please visit the Better Regulation Unit Intranet site [NB:This site is only available for Government departments]. The explanatory notes below will also help departments to come to a provisional view of whether the LRRA order–making powers are the appropriate vehicle for delivering a specific proposal.
Once departmental policy and legal officials are confident that their proposals are suitable for delivery by order, they should contact the BRE or HM Treasury solicitors.