Source · National Audit Office

Regulating after EU Exit

This report assesses how UK regulators have managed taking on new responsibilities following EU Exit.

Published: 18 May 2022 Recommendations: 10 Type: Value for Money NAO confirmed: 10 Department: Unknown (355)
Dept: Unknown (355) Topics: BrexitBusiness and industryInternationalRegulation nao.org.uk →

Recommendations

10 items
10 accepted 10 implemented

Recommendation 1

Addressee: Competition and Markets Authority · Source location: Page 11, paragraph 22, point a

While government as a whole is still working on its future direction for regulation, regulators need to develop, with policy-makers, their long-term strategies and objectives. In line with our principles of effective regulation, these should articulate a clear line of sight linking high-level and statutory objectives to detailed operational objectives, plans and priorities. This will enable them to build their capacity and processes and prioritise their workload to ensure their detailed objectives support overall desired policy outcomes.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO

Recommendation 2

Addressee: Competition and Markets Authority · Source location: Page 11, paragraph 22, point b

Now there is more clarity on demand for new regulatory functions, regulators should review the plans they developed before EU Exit in the light of what they now know about their capacity and their workload. They should test the realism of their current plans and take any necessary steps to ensure their operational effectiveness is maximised as well as looking for efficiencies in delivery. These reviews should consider what scope and need the regulator has to:
? build capacity and skills;
? flex deadlines or work programmes to match workload to resources;
? use other international channels to cooperate and influence regulatory changes; and
? build new tools for risk identification.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO

Recommendation 3

Addressee: Competition and Markets Authority · Source location: Page 11, paragraph 22, point c

Regulators should ensure that, as soon as they are able, they provide clarity to stakeholders on their direction of travel and the timelines for any planned changes. As set out in good practice guidance, this is important to allow stakeholders to plan and to hold regulators to account.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO

Recommendation 4

Addressee: Department for Business and Trade · Source location: Page 12, paragraph 22, point d

The challenges faced by the three regulators we have examined in detail may be similar to those faced by others across government as they develop their post-EU Exit plans. We therefore recommend that government draws on the findings in this report as it considers the future of regulation after EU Exit more widely ? for example, in its work in response to the consultation on the framework for better regulation.

Response position: Accepted

Delivery: Implemented · Q2 2023-24 · Confirmed by NAO

Recommendation 5

Addressee: Health and Safety Executive · Source location: Page 11, paragraph 22, point a

While government as a whole is still working on its future direction for regulation, regulators need to develop, with policy-makers, their long-term strategies and objectives. In line with our principles of effective regulation, these should articulate a clear line of sight linking high-level and statutory objectives to detailed operational objectives, plans and priorities. This will enable them to build their capacity and processes and prioritise their workload to ensure their detailed objectives support overall desired policy outcomes.

Response position: Accepted

Delivery: Implemented · Q4 2023-24 · Confirmed by NAO

Recommendation 6

Addressee: Health and Safety Executive · Source location: Page 11, paragraph 22, point b

Now there is more clarity on demand for new regulatory functions, regulators should review the plans they developed before EU Exit in the light of what they now know about their capacity and their workload. They should test the realism of their current plans and take any necessary steps to ensure their operational effectiveness is maximised as well as looking for efficiencies in delivery. These reviews should consider what scope and need the regulator has to:
? build capacity and skills;
? flex deadlines or work programmes to match workload to resources;
? use other international channels to cooperate and influence regulatory changes; and
? build new tools for risk identification.

Response position: Accepted

Delivery: Implemented · Q4 2023-24 · Confirmed by NAO

Recommendation 7

Addressee: Health and Safety Executive · Source location: Page 11, paragraph 22, point c

Regulators should ensure that, as soon as they are able, they provide clarity to stakeholders on their direction of travel and the timelines for any planned changes. As set out in good practice guidance, this is important to allow stakeholders to plan and to hold regulators to account.

Response position: Accepted

Delivery: Implemented · Q4 2023-24 · Confirmed by NAO

Recommendation 8

Addressee: Food Standards Agency · Source location: Page 11, paragraph 22, point a

While government as a whole is still working on its future direction for regulation, regulators need to develop, with policy-makers, their long-term strategies and objectives. In line with our principles of effective regulation, these should articulate a clear line of sight linking high-level and statutory objectives to detailed operational objectives, plans and priorities. This will enable them to build their capacity and processes and prioritise their workload to ensure their detailed objectives support overall desired policy outcomes.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO

Recommendation 9

Addressee: Food Standards Agency · Source location: Page 11, paragraph 22, point b

Now there is more clarity on demand for new regulatory functions, regulators should review the plans they developed before EU Exit in the light of what they now know about their capacity and their workload. They should test the realism of their current plans and take any necessary steps to ensure their operational effectiveness is maximised as well as looking for efficiencies in delivery. These reviews should consider what scope and need the regulator has to:
? build capacity and skills;
? flex deadlines or work programmes to match workload to resources;
? use other international channels to cooperate and influence regulatory changes; and
? build new tools for risk identification.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO

Recommendation 10

Addressee: Food Standards Agency · Source location: Page 11, paragraph 22, point c

Regulators should ensure that, as soon as they are able, they provide clarity to stakeholders on their direction of travel and the timelines for any planned changes. As set out in good practice guidance, this is important to allow stakeholders to plan and to hold regulators to account.

Response position: Accepted

Delivery: Implemented · Q4 2022-23 · Confirmed by NAO