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Government unveils new powers for councils to remove “unnecessary” regulations

Decentralisation Minister Greg Clark has published details of new powers for councils to ensure that requests from their local communities to remove unnecessary regulations are properly considered by the government.

New measures to be introduced under the Sustainable Communities Act will create a new process through which councils can directly ask Whitehall to remove “barriers that can block local people from improving their communities”.

The Local Government Association – the 'selector' under the Act – will have the power to challenge a decision if a particular council is not happy with an outcome. Where there is a challenge, the government will have to consult the LGA before issuing the final decision.

The new system will enable councils to tell the government which regulations should be removed via a dedicated website – barrierbusting.communities.gov.uk – and will be able to follow the progress of their suggestions online. Councils will be issued with a unique tracking number a named member of staff assigned to each case. Under the proposals, which are subject to consultation, suggestions will be submitted directly to the Secretary of State, rather than through the LGA as before.

The timetable for submitting suggestions will also be abolished, enabling councils to submit suggestions as the need arises rather than waiting for one of  the periodical invitations from the government to councils to make suggestions.

The new regulations proposed will place duties on the Secretary of State to:

  • consider a request by the selector to take action to remove a bureaucratic barrier, which the Secretary of State has previously decided not to implement
  • consult and try to reach agreement with the selector before deciding whether the request should be implemented in whole or in part
  • publish the decision, with reasons
  • state any action to be taken with a view to implementing the proposal; and
  • publish an update on that action, should it not be complete within one year.

The regulations will also allow the selector, the LGA, to appoint an advisory panel to assist it in its duties.

Examples of “unnecessary” regulations already being amended or abolished through the Sustainable Communities Act, provided by the government, include:

  • Criminal Records Bureau checks on volunteering
  • rules that prevent welfare claimants from taking part-time jobs or longer work placements
  • competition laws that prevent businesses from collaborating on sector-wide initiatives
  • health and safety regulations
  • public liability insurance and catering licences running stalls at events.

The government said that the new system would be faster and more transparent than the process it will replace.

Greg Clark said: “I've been hugely inspired by the Sustainable Communities Act. Its ethos - giving local taxpayers a bigger say in how their money is spent, and helping councils challenge central government to cut red tape - is absolutely in line with what we're seeking to do in the Localism Bill.

"I want to turbo-charge the Sustainable Communities Act. We're getting rid of the bureaucracy so that it's easier than ever for people with bright ideas for improving local life to ask for central government's assistance. Our barrier busting website is open for business, ready and waiting to sweep away the obstacles and help local people do things their way."

Full details of the proposals, which are the subject of consultation until 20th June, 2011, can be clicking the following link: SustainableCommunities