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Clause 23 - “Regulatory functions”

Legislative and Regulatory Reform Bill

Public Bill Committees, 9 March 2006, 1:15 pm

Photo of Christopher Chope

Christopher Chope (Christchurch, Conservative)

Following the Minister’s invitation to continue, in relation to clause 23, the debate that we were having on clause 22, does he agree that the functions described in clause 23 are very wide ranging, and that that is a big advantage? However, it is disappointing for the Government to indicate that when it is embarrassing to include the regulatory functions defined in clause 23 for some Departments in the scope of the requirements of clause 19 and in the code of practice in clause 20, they will not play ball.

Obviously, HMRC raises tax—that may be its primary responsibility—but it also exercises regulatory functions, because within the meaning of subsection (1), it imposes “requirements, restrictions or conditions” in relation to activities. Does the Minister concede that HMRC has regulatory functions within the scope of clause 23, and can he explain why, notwithstanding that, it will not be subject to the same regime of common-sense reduction in the burden of regulation as other regulators?

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