From 1 October 2009 more regulators will be under duties to have regard to the principles of good regulation and the Regulators' Compliance Code.
The duties under the Legislative and Regulatory Reform Act 2006 are that relevant persons must have regard to:
- the principles that regulation should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed (section 21)
- a code of practice – known as the Regulator's Compliance Code (the Code) - which was published by the Government and came into force in April 2008.
The duties apply to the regulators listed in an order made by Government. The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009, which has been laid before both Houses of Parliament for their approval, will now add to the list:
- The following regulators:
- the Care Quality Commission
- the General Social Care Council
- the Care Council for Wales (Cygnor Gofal Cymru)
- the Office for Standards in Education (Ofsted)
but only where they are regulating private or third sector providers – e.g. a care home run by a charitable organisation or a private day nursery.
(The duties do not apply to these regulators where they are acting as the regulator to other public sector bodies – e.g. NHS hospitals or maintained schools.)
- A range of national regulators which were not included in the original list or have since been created, including:
- the Criminal Records Bureau
- the Office for Tenants and Social Landlords (the Tenant Services Authority) and its inspectors
- the Renewable Fuels Agency.
- Local authorities in Scotland, Wales and Northern Ireland exercising certain functions which have not been devolved to their national legislatures.
The current list can be found in the Legislative and Regulatory Reform (Regulatory Functions) Order 2007.