Office of Rail and Road Duty to Report Removed, BIT Obligation Repealed

• The Office of Rail and Road's duty to report against the Government's Business Impact Target (BIT) has been removed.
• The removal of this statutory requirement was made through the Retained EU Law (Revocation and Reform) Act 2023 on June 29, 2023.
• The office still considers the direct impact of its regulatory changes on business when making decisions.
• Rail operators may experience reduced regulatory compliance burdens, but must still assess benefits to end-users.

We follow an impact assessment (IA) process for all policy interventions and consider whether to complete a proportionate IA or not for every intervention.

The Office of Rail and Road's duty to report against the Government's Business Impact Target (BIT) has been removed. This change was made on June 29, 2023, through the Retained EU Law (Revocation and Reform) Act 2023. The removal of this statutory requirement means that the office is no longer obligated to publish an annual BIT report. However, it's worth noting that the office still considers the direct impact of its regulatory changes on business when making decisions.

The duty to report against the BIT was previously mandated by section 24A of the Small Business, Enterprise and Employment Act, as amended by the Enterprise Act 2016. This provision required the office to assess Qualifying Regulatory Provisions (QRPs) annually from 2017 on the direct impact of its regulatory changes on business. The removal of this requirement is part of a broader effort to simplify and streamline regulations in the UK.

The repeal of the BIT report obligation may reduce regulatory compliance burdens for rail operators, but lawyers should note that they must still consider the direct impact of their regulatory changes on business and assess benefits to end-users. The Office of Rail and Road continues to follow an impact assessment process for all policy interventions, considering whether a proportionate IA is necessary for each intervention. This approach ensures that regulatory decisions are made with careful consideration of their effects on businesses and passengers alike.

Lawyers should note that the removal of the annual BIT report requirement may reduce regulatory compliance burdens for rail operators, but they must still consider the direct impact of their regulatory changes on business and assess benefits to end-users.

Source: Original reporting via Better Regulation