Regulation 142 Review: England

England and Wales

(1)

The Secretary of State, in relation to England, must from time to time—

(a)

carry out a review of the regulatory provision contained in these Regulations; and

(b)

publish a report setting out the conclusions of the review.

(2)

The first review must be published before 30th November 2022.

(3)

Subsequent reviews must be carried out at intervals of not exceeding 5 years.

(4)

Section 30(3) of the Small Business, Enterprise and Employment Act 2015 M1 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the Directives are implemented in other member States.

(5)

Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, in particular—

(a)

set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)

assess the extent to which those objectives are achieved;

(c)

assess whether those objectives remain appropriate; and

(d)

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6)

In this regulation, “regulatory provision” has the same meaning as in sections 28 to 33 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

F1(7)

The duty in paragraph (1) does not apply to regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).

Annotations

Textual amendments

F1: Reg. 142(7) inserted (21.5.2026) by The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 (S.I. 2026/508), regs. 1(1), 11

Marginal citations

M1: 2015 c. 2; section 30(3) was amended by the Enterprise Act 2016 (c. 12), section 19.