Luxembourg Rail Protocol; and power to amend rail markets legislation: RPC Opinions (Green-rated)
Regulatory Policy Committee opinions on IAs for the Luxembourg Rail Protocol and power to amend rail markets legislation
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皇冠体育app Luxembourg Rail Protocol
皇冠体育app proposal is to provide a new power to allow future regulations, which will allow for the full implementation of the Luxembourg Rail Protocol.
皇冠体育app Department identified and assessed the scale of some impacts of the measure, but there was too much uncertainty over the impacts of the proposal to allow a meaningful or robust EANDCB at this stage. This is because the level of detail currently available on the expected content of secondary legislation is insufficient. 皇冠体育app IA鈥檚 approach is consistent with RPC guidance on assessment of impacts at primary legislation stage. 皇冠体育app RPC expects to assess any subsequent secondary legislation IAs.
Power to make or amend rail markets legislation in the Rail Reform Bill
皇冠体育app proposal is to include a power in the Bill, to enable the Government to make amendments to rail markets regulation through secondary legislation.
On first submission, the IA received an initial review notice. 皇冠体育app IA did not meet the RPC鈥檚 requirements for the assessment of primary legislation proposals. 皇冠体育app IA did usefully explain why policy decisions would not be known until secondary legislation is brought forward, and committed to providing IAs at that point. However, for a proposal with apparently wide-ranging scope and potential impacts, the assessment was too brief and descriptive. 皇冠体育app RPC felt the IA needed to be more proportionate providing further discussion, with case study illustration, of the type and impact of secondary legislation that could be brought forward, drawing upon past measures. This was necessary to meet RPC guidance for assessment of proposals in primary legislation.聽聽 In addition, the IA focussed on familiarisation and administrative costs and needed to provide a broader consideration of potential costs, such as potentially on business operating costs and revenue. 皇冠体育app IA also needed to provide indicative estimates of familiarisation costs or explain why it would not be proportionate to do so.
皇冠体育app revised IA, satisfactorily addressed the RPC鈥檚 concerns on the assessment of the direct impacts on business, including specific considerations in respect of small and microbusinesses.
A draft Rail Reform Bill was published on 20 February 2024.聽 皇冠体育app draft Bill will be subject to pre-legislative scrutiny which, we understand, will be conducted by the Transport Select Committee.
An has been published alongside the draft Bill.聽 It assesses, as well as the above two opined IAs on identified regulatory provisions, the impacts of five proposals in the draft Bill, which it states are not regulatory provisions1聽. 皇冠体育app IA for the draft Bill has now been submitted to the RPC for its scrutiny.