Regulatory Enforcement and Sanctions Bill [HL]

The purpose of the clause is to ensure that, where the LBRO works to minimise unnecessary burdens imposed by the local authority regulatory system, it does not inadvertently create any unnecessary burdens of its own: whether those impact on businesses or on local authorities. To amend Clause 13 so that the LBRO is under a duty not to impose or maintain disproportionate burdens, as opposed to unnecessary burdens, is in danger of causing some confusion. The amendments would mean that the duty incumbent upon the LBRO in Clause 13 not to impose or maintain unnecessary burdens no longer reflects the provisions of Clause 68 in Part 4, which can be applied to regulators. The difference in phrasing would imply a substantive difference in the duty, which is not intended. Further, the amendments do not make clear to what the burdens imposed or maintained by the LBRO are to be deemed to be disproportionate. If the amendments were to be accepted, we fear that they may cause confusion and significantly increase the risk of unnecessary litigation. Clause 13, as drafted, places a clear and appropriate duty on the LBRO—one that will ensure that it carries out its functions in a way consistent with the better regulation agenda, which we all hope succeeds. The mention of the word ““disproportionate”” in Clause 13(2) and ““proportionate”” in Clause 13(3) captures that expression for the purposes of the clause, but we think that the better word here is ““unnecessary””.