Scottish Government Consultation on Proposals for a Better Regulation Bill

The Scottish Government has published a consultation on proposals for a Better Regulation Bill. The Bill, which could be introduced to the Scottish Parliament in 2013, will seek "to improve further the way regulations are applied in practice across Scotland, by better defining national expectations and standards and the context for local variations". Within this overall objective, the consultation covers a wide range of topics and proposals.

Core proposal

The core proposal is that the Scottish Government should have new powers to impose duties on local authorities and other regulators to implement national regulation systems and policies approved by the Scottish Government and the Scottish Parliament. This is regarded as promoting consistency among regulators, particularly in the way regulations are applied and the process leading up to regulatory decisions. The consultation emphasises that national standards may not be the most appropriate solution for every issue and will not be applied as a matter of routine. But where national standards are defined, a local authority or other regulator would have to obtain Scottish Ministers' approval to opt-out from or vary the standards.

Other proposals

Views are requested on a range of other issues that may be included in the Bill:

Comment

Better regulation is high on the political agenda, particularly in the current economic climate. Excessive or inconsistent regulation is often cited as placing unnecessary burdens on business, particularly small businesses, and undermining the Scottish Government's central objective of sustainable economic growth. Both the UK and Scottish Governments have already introduced measures to promote better regulation, although the Consultation seeks to draw a distinction between the Scottish Government's commitment to better regulation and the UK Government's commitment to reducing regulation.

This is a very open consultation. On the core proposal the Consultation asks for views not only on whether the Scottish Government should be able to impose national standards but also on any specific regulations which should be candidates for new national standards. Respondees are also invited to propose legislative or non-legislative mechanisms to encourage prompt payment of invoices. It will be interesting to see what proposals come forward and ultimately make it into a Better Regulation Bill. Few people would disagree with the objectives underlying the Consultation. The challenge will be to find these improvements in regulation without placing further burdens on already over-stretched regulators or undermining the social and environmental objectives protected by the regulation.