Section 31 | Section 28(2)(b): appropriateness of making provision for review

(1)This section applies for the purposes of section 28(2)(b).

(2)The circumstances in which the Minister may determine that it is not appropriate to make provision for review include those in which—

(a)a review would be disproportionate taking into account the economic impact of the regulatory provision on the qualifying activity, and

(b)a review would be undesirable for particular policy reasons (such as there being an exceptionally high need for certainty in the longer term).

(3)The Secretary of State may publish guidance about the factors to be taken into account in determining whether it is appropriate to make provision for review.

(4)The Minister must have regard to any guidance.