Regulatory Impact Analysis section in Cabinet papers
Cabinet papers that contain policy proposals that will result in government bills or statutory regulations are required to contain a section entitled Regulatory Impact Analysis. The requirement for a section in the Cabinet paper is additional to the regulatory impact statement (RIS) itself.
The Cabinet paper is to indicate:
- whether the department confirms that the principles of the Code of Good Regulatory Practice and the regulatory impact analysis requirements, including the consultation RIS requirements, have been complied with;
- whether a RIS has been prepared or, if a RIS has not been prepared, why not;
- if a RIS has been prepared, whether the RIS is considered adequate (by the Regulatory Impact Analysis Team in Treasury for proposals likely to have a significant impact on economic growth; by the department for other proposals) in accordance with the criteria below;
- whether the final RIS was circulated with the Cabinet paper for departmental consultation.
Adequacy criteria
As agreed by Cabinet, a RIS will be assessed as inadequate if it:
- fails to explain why the existing framework would not suffice to deal with the problem being addressed;
- fails to include an appropriate cost-benefit analysis, risk assessment and statement of compliance costs; or
- has been subject to manifestly inadequate consultation.
For proposals that are likely to have a significant impact on economic growth, the Regulatory Impact Analysis Team (RIAT) in Treasury will provide a comment on whether the analysis and the RIS are adequate. Consultation with the RIAT (on the adequacy of the regulatory impact analysis as reflected in a RIS requiring assessment by the RIAT) should be noted on the CAB 100 consultation form, in addition to any other consultation that has taken place with Treasury on the paper.
Related pages
Summary of the regulatory impact analysis requirements
Regulatory impact statement requirements
