Clause 20 - Code of practice
Legislative and Regulatory Reform Bill
12:00 pm
Jim Murphy (Parliamentary Under-Secretary, Cabinet Office; East Renfrewshire, Labour)
Very briefly, under the clause, regulators who fail to comply with the statutory duty to have regard to the code of practice in circumstances where they are required to do so could be challenged through judicial review in the usual way. Subsection (4) states that
“a court or tribunal finds that a person has failed to comply with any requirement, restriction or condition”.
That subsection derives from the 2001 Act. It seems to have operated pretty effectively in that Act. If the hon. Gentleman has evidence to the contrary, he is entirely free to bring it to the attention of the Committee or of the House on Report. Failure to act in the proper way by regulators is judicially reviewable and it is within the 2001 Act.