Key questions affecting RPC scrutiny requirements

Proposal

No
e.g. the
actions of a
regulator.

Yes
e.g. it relates
to legislation.

Does the measure require RRC clearance?

No
e.g. it is a fee
or charge)

Is the proposal a regulatory provision (as defined by theYes

SBEE Act)?
Yes
e.g. domestic
measure that is
not excluded

Yes
Does the proposal qualify for the fast track?

Validate the
EANDCB at
final stage

What do the RPC need to see? The RPC will

Legend / what to
submit:

(further information on expectations

below)

Yes

No
e.g. EU with no
gold-plating

Is the proposal a qualifying regulatory provision?

No

Yes

No

Yes

No

Scrutinise
consultation
and final
stage IAs

Confirm nonqualifying
and
indication of
scale of costs

Scrutinise
consultation
and final
stage IAs

Not see the

proposal

Scrutinise
consultation
and final
stage IAs

Validation
assessment only

Consultation and
final IAs (including
an EANCB at final
stage)

Confirmation of
non-qualifying
legislative
proposal

No
e.g. it is a fee
or charge

Yes
e.g. a domestic
measure that is
not excluded

No
e.g. regular
casework

Validate the
EANDCB

The RPC will

not see the
proposal

The RPC will not

see the proposal

The RPC will

not see the
proposal

What needs to be submitted to the RPC?

Validation IA only

Consultation and final IAs (including

an EANDCB at final stage)

Confirmation of non-qualifying
legislative proposal and indication of
the scale of costs

The RPC will not see the proposal

The RPC will validate these measures at

final stage. This will include changes by
regulators, and some fast track
measures .
A proportionate assessment to be
submitted to the RPC will include
sufficient information to:
support the estimated equivalent
annual net cost to business
(EANDCB),
describe what the proposal is, the
number of businesses affected and
the impacts per business, and
justify assumptions or data sources
used.
Does not need to be in the IA template
but if an IA is produced for other reasons
it may be appropriate to use that IA.
Regulators, for example, may have
completed business engagement
assessments that provide the necessary
information.

Full IAs will need to be submitted in

advance of consultation and final policy
clearance. This will include all
significant regulatory proposals from
departments requiring RRC clearance,
whether a qualifying regulatory proposal
or not.
At final stage this will include the
validation of an estimated equivalent
annual net cost to business (EANCB).

The submission to the RPC should

include:
A description of the measure, what
business will need to do differently,
and a summary of its anticipated
impacts e.g. based on the likely costs
and number of businesses affected.
This should be no longer that three
paragraphs in total and;
A statement of which exclusion(s) the
measure falls under, together with
any justification as required.
The RPC anticipate such submissions to
be concise/brief, and have prepared a
template to be used for these cases.

Nothing will be submitted to the RPC,

but the relevant policy clearance
requirements still apply.

Type of
measure

Qualifying
regulatory
provision

Nonqualifying
regulatory
provision

Size

Over 1m
cost

Under 1m
cost or
deregulatory

Over 1m
cost

Legal
requirem
ents

Verification
of impact

Verification
of impact

Confirmatio
n of nonqualifying
status

Additional
administrative
requirements?

What do the RPC

need to see?

What does this require

Government
departments scrutiny
of proposal prior to
consultation agreement

Government
departments - IA at
consultation and final

Government departments - Full IAs at both stages.

Regulators nothing

Regulators - validation
assessment at final
stage

Regulators - A proportionate assessment with sufficient information describing what the proposal
is, the number of businesses affected and the impacts per business, and sufficient information to
support the appropriateness of assumptions or data sources used. Must include an EANDCB.

Validation assessment
at final stage

A proportionate assessment with sufficient information describing what the proposal is, the
number of businesses affected and the impacts per business, and sufficient information to support
the appropriateness of assumptions or data sources used. Must include an EANDCB. Does not need
to be in the IA template.

None

Government
departments scrutiny
Government
of proposal prior to
departments - IA at
consultation agreement;
consultation and final
and
verification of costs
Regulators - nothing

Under 1m
cost

Confirmatio
n of nonqualifying
status

None

Government departments - Full IAs. Including an EANDCB

Regulators nothing*
Government
departments Sufficient information
to confirm status and
low value

Government departments - sufficient information to confirm non-qualifying status and an

indication of the likely volume of businesses affected and scale of change. The RPC anticipate such
submissions to be concise/brief, and have prepared a template to be used for these cases.

Regulators nothing*

Not a

Over 1m
cost fees and
charges

Nothing

Government
departments scrutiny
of proposal prior to
consultation; and
verification of costs

Government
departments - IA at
Government departments - Full IAs at both stages.
consultation and final
* - the RPC will review regulators NQRP summaries that are submitted on a voluntary basis to provide assurance that NQRPs