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					          The Regulatory Review
                    Triannual               Issue 5                 December 2005

In this issue:
     Policy and regulation website
     Find out about the website the team is developing for launch in early 2006.

     Update on Regulatory Policy team projects
     Where the team is up to with the RIS/BCCS guidelines and the Cabinet paper on changes to
     the RIS regime.

     The United Kingdom’s Regulatory Impact Assessment regime
     The second article in a series describing RIS regimes abroad. Mark Jones and Ashley
     Tomlinson compare the United Kingdom’s regime with New Zealand’s.

Policy and regulation website
This article is a progress update on what we         other departments. We are yet to decide on the
have been calling the “regulatory portal”. The       name of the site, and welcome any suggestions.
Regulatory Policy team is developing a policy        We will develop the website further after its
and regulation website for launch in early 2006.     launch. New information and tools will be added
The website will sit on the public sector intranet   as they become available.
[www.psi.govt.nz]. It will provide text on and
                                                     If there are any topics or documents you think
links to information and tools useful to analysts
                                                     should go on the website, please contact Willie
when developing regulatory policy. For example,
                                                     Lewis at willie.lewis@med.govt.nz. We are very
there will be guidance on consultation, design of
                                                     keen to hear from you.
regulatory institutions, problem definition, and
analysis of costs and benefits.                      Watch this space.
During December and January we will be               Willie Lewis
thinking carefully about how the site should be
structured (headings and menus) and which
documents should be available when the site is
launched. We will test different structures,
headings and menus with analysts in MED and

Update on Regulatory Policy team projects
RIS/BCCS guidelines
Earlier issues of the Regulatory Review have         is expected to take place in March 2006. In the
noted that the Regulatory Impact Analysis Unit       meantime, prospective RIS authors should
(RIAU) is updating the guidelines for undertaking    consult our Hints and Tips Sheet
regulatory impact analysis and preparing             [www.med.govt.nz/buslt/compliance/risbccs/hint
Regulatory Impact and Business Compliance            s-tips/] for a summary of the guidance material
Cost Statements. This document will be               or contact the RIAU directly for further
released following Cabinet’s consideration of        information.
proposals to amend the RIS requirements, which

Cabinet paper on changes to the RIS regime
As you may be aware, the RIAU circulated a           an impact on business. We have delayed sending
Cabinet paper to departments earlier this year.      this paper to Cabinet because of its request to
The paper recommends, amongst other things,          defer submitting non-urgent papers. The paper
that the RIAU’s mandate be changed so that it        will be circulated again to departments early in
formally reviews all RISs for proposals that have    2006.

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                        The Regulatory Review

The United Kingdom’s Regulatory Impact Assessment regime
In August 1998 it became a requirement in the       One interesting difference is that RISs are only
United Kingdom that regulatory impact               prepared for Cabinet decisions, but RIAs are
assessments (RIA) be carried out for certain        prepared for decisions of Cabinet, Ministers, and
proposals and be recorded in writing.               government departments.
The table below illustrates some differences and
similarities between the UK RIA regime and New
Zealand’s RIS regime.

                        New Zealand                             United Kingdom
 When is a RIS/RIA      A RIS is required for all policy        An RIA is required for all proposals
 required?              proposals that are submitted to         that will have impacts on businesses,
                        Cabinet and will result in government   charities, or the voluntary sector,
                        Bills or statutory regulations.         whether the proposal is regulatory or
                                                                non-regulatory.
 Which RISs/RIAs        All RISs for proposals that have        All RIAs.
 must be formally       compliance cost implications for
 reviewed?              business.
 What is the RIS        The Regulatory Impact Analysis Unit,    Regulation Units, which are based in
 review body?           which is based in the Ministry of       each main UK Government
                        Economic Development.                   Department, review all RIAs from
                                                                within their Departments. Each RIA is
                                                                then sent to the Better Regulation
                                                                Executive, which is based in UK
                                                                Cabinet Office, for the final check.
 When must a            A RIS must be prepared at the time      An initial RIA should be prepared at
 RIS/RIA be             “in principle” or final decisions are   the time the policy idea is generated.
 prepared?              required from Cabinet.                  Building on this, a partial RIA should
                                                                be prepared for consultation. After
                                                                consultation, a final RIA should be
                                                                prepared when agreement to the
                                                                proposal is sought and for the
                                                                Parliamentary process.
 Are implementation     No - an implementation and review       Yes – RIAs have a section for each of
 and review covered     section is proposed.                    these topics.
 in the RIS/RIA?
 Are there special      If the proposal has compliance cost     The competition checklist (a list of
 sections in the RIS    implications, these are discussed in    questions that must be answered)
 for particular types   the Business Compliance Cost            must be completed to determine the
 of impacts?            Statement, which sits at the end of     impacts of proposals on competition.
                        the RIS.                                The rural policy checklist must be
                                                                completed to determine any
                                                                disproportionate impacts on rural
                                                                areas.

Mark Jones and Ashley Tomlinson




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RIS/BCCS training                                     RIS publication requirements
One of the key functions of the RIAU is to            The Cabinet Step-By-Step Guide requires that
provide training on writing RISs and BCCSs.           all RISs that contain a BCCS be:
RIS training will be particularly useful if you
are new to policy development or may be                    attached to the press statement
required to draft a RIS in the future. To                  announcing the new policy;
enquire about RIS training, contact Elizabeth              lodged on the websites of the responsible
McDonald on (04) 470 2311 or at                            department and MED; and
elizabeth.mcdonald@med.govt.nz.
                                                           included in the Explanatory Note to Bills
                                                           that are introduced into the House of
                                                           Representatives.
                                                      If you have any questions, contact Elizabeth
                                                      McDonald on (04) 470 2311 or at
                                                      elizabeth.mcdonald@med.govt.nz.



Subscribing to and unsubscribing from the mailing list
To be removed from the mailing list, email            to The Regulatory Review, send an email with
theregulatoryreview@med.govt.nz with                  “subscribe” in the subject line.
“unsubscribe” in the subject line. To subscribe

Contact us
Email theregulatoryreview@med.govt.nz

Information on writing RISs and BCCSs
Visit www.med.govt.nz/buslt/compliance/risbccs/

Editing, design and layout
Willie Lewis and Will Murray.




ISSN 1177-0953


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