Reviewing the Regulators

In the pre–Budget report of November 2006, the Chancellor announced that “the National Audit Office will work with the Better Regulation Executive, regulators and business to develop a process of external review of regulatory performance”.The assessment process will focus on the extent to which regulators are performing in line with the Hampton principles and Macrory characteristics, and will encourage continuous improvement.
In the pre–Budget report of November 2006, the Chancellor announced that “the National Audit Office will work with the Better Regulation Executive, regulators and business to develop a process of external review of regulatory performance”.The assessment process will focus on the extent to which regulators are performing in line with the Hampton principles and Macrory characteristics, and will encourage continuous improvement.

Five major national regulators will be assessed by the end of 2007 (Health and Safety Executive, Food Standards Agency, Financial Services Authority, Environment Agency and Office of Fair Trading). Other national regulators will be reviewed thereafter, but in the meantime the tool may be useful for informal self–assessment, and constitutes good practice guidance for regulators.

The purpose of this programme of 'Hampton Implementation Reviews' is to help improve regulatory outcomes and reduce administrative burdens by encouraging effective and efficient regulatory activity. The programme will clearly demonstrate, through published reports, where the recommendations of the Hampton Review have been successfully implemented. The reviews should also help each regulator:
• improve the perceptions of those it regulates, where it is performing well;
• increase openness and transparency;
• highlight areas for development; and
• spread good practice in the regulatory community.

The Better Regulation Executive and the National Audit Office have developed a guidance document for those undertaking the Hampton Implementation Reviews reviews, including the criteria for assessment, and examples of evidence that should be evaluated in reaching judgements. The review methodology is designed to be as flexible as possible, in recognition of the large variety of sizes, structures and functions of the regulators that may be assessed.

The 'principles–based approach' set out in this guidance allows a large amount of flexibility in the evidence that may be used to demonstrate adherence to Hampton. This guidance is preliminary and will be subject to review and amendment on the basis of lessons learned during the review process, as well ascomments from regulators and others involved in the review process.

Click here to access guidance.