Regulatory Enforcement and Sanctions Bill [HL]

I should say to the noble Lord, Lord Borrie, that, unfortunately, the ““as amended”” version of Clause 68 did not arrive on my desk. However, having listened to him, what he says seems to be most sensible. The intention of my Amendment No. 191A goes to a rather smaller issue than some that have been spoken to: it is to make certain that Part 4 applies only to regulators other than local authorities—that is, to national regulators and government departments and agencies as the makers of regulations. Other noble Lords have mentioned that Part 4 Bill was not subject to consultation. The imposition of a regulatory burden is first and foremost applicable when new legislation or government guidance is issued that imposes the regulatory requirements. This is done by government departments, agencies and national regulators; not by local authorities, which are simply charged with enforcing the legislation or guidance that has been issued nationally. The exercise of regulatory functions and activities by local authorities and their performance in this regard is already subject to an established regime of overview and public accountability. This existing regime includes a raft of checks and balances to ensure that local authorities do not impose or maintain unnecessary burdens and that their use and application of regulatory powers is reasonable, proportionate, fair and accountable. Local authorities are already held to account in the exercise of their regulatory functions by a whole host of parties and processes and so the duty imposed by Part 4 is unnecessary for them. This part of the Bill should be amended so as not to apply to them.