Better Regulation Executive
The code and the criteria within it apply to all UK public consultations by government departments and agencies, including consultations on EU directives.
UK non-departmental public bodies and local authorities are encouraged to follow this code. Devolved Administrations are free to adopt this code, but it does not apply to consultation documents issued by them unless they do so.
Though the code does not have legal force, and cannot prevail over statutory or mandatory external requirements (eg under European Community law), it should otherwise generally be regarded as binding on UK departments and their agencies, unless Ministers conclude that exceptional circumstances require a departure from it.
This code should be used in conjunction with the Code of Good Practice in Consultations and Policy Appraisal [Compact website], which supports the Compact on Government's Relations with the Voluntary and Community Sector.
Ministers retain their existing discretion not to conduct a formal written consultation exercise under the terms of the code, for example where the issue is very specialised and where there is a very limited number of stakeholders who have been directly involved in the policy development process. In these circumstances the general principles of the code should still be followed as far as possible, and departments should consider how to ensure that the public is made aware of the policy, for example through a press notice or statement on the department's website. This should state the Minister's reason for their decision.
When you consult, care must be taken to comply with your legal duties, such as those that arise under the Human Rights Act, the Data Protection Act, the Freedom of Information Act and laws against discrimination and defamation. In addition, your Race Equality Scheme contains specific obligations relating to the assessment of the impact of proposed policies on the promotion of race equality and to consultation.
Any deviation from this code must be highlighted in the consultation document and should state the Minister's reasons for departing from the code, and what specific measures have been taken to ensure that consultation is as effective as possible. The Cabinet Office are committed to reviewing the effectiveness of the code. Feedback is welcome to the address below:
Consultation Co-ordinatorTelephone: 020 7276 2175
Email: consultation.policy@cabinet-office.x.gsi.gov.uk