Abstract
Better regulation is a loosely defined concept which broadly aims to improve the regulatory experience for regulated business, while still maintaining and improving the outcomes that regulation aims to deliver.
This chapter describes the significant and numerous better regulation initiatives and bodies created to deliver such initiatives over the past 20 years or so in Europe and the UK. It starts by considering those that cover broader better regulation of business, before describing in more detail those covering environmental regulation. It describes reforms of environmental regulation, which have arisen partly under the umbrella of the broader better regulation agenda as well as initiatives of regulators to improve the effectiveness of regulation in improving the environment. Further details about some specific initiatives such as the Smarter Environmental Regulation Review and designing and choosing interventions are provided in chapters 4 and 8 respectively.
The chapter ends with a look to the future and the areas likely to occupy those concerned with reforming environmental regulation and how it is applied.
This is a preview of subscription content, log in via an institution.
Buying options
Tax calculation will be finalised at checkout
Purchases are for personal use only
Learn about institutional subscriptionsNotes
- 1.
Business in this context would include individuals only so much as they are self-employed or one-person businesses. Farmers might come into that category as might self-employed haulage contractors transporting waste for example.
- 2.
This begs the questions “did any of these initiatives actually make things better?” and indeed “better for who?” Unfortunately, there is not a great deal of evidence on the effectiveness of regulation (better or otherwise) but the author has tried to include any where known.
- 3.
OPRA is covered in more detail in chapter 1.
References
Aldersgate Group. 2011. Dealing with Deficits. Best Value Regulation to Reduce Our Environmental and Financial Debts. London: Aldersgate Group.
Better Regulation Commission. 2006. About Us. May 4. Accessed from www.brc.gov.uk; https://web.archive.org/web/20061013175118/http:/www.brc.gov.uk/about_us/
Better Regulation Delivery Office. 2012. Proposals for Developing a Common Approach to Risk Assessment. London: Department for Business Innovation and Skills.
Better Regulation Delivery Office. 2014. Regulators’ Code. London: Department for Business Innovation and Skills.
Better Regulation Delivery Office. 2015. A Review of Natural Resources Wales Against the Principles of Good Regulation. London: Department for Business Innovation and Skills.
Better Regulation Delivery Office. 2016. BRDO LinkedIn Pages. October 14. Accessed from LinkedIn: https://www.linkedin.com/company/better-regulation-delivery-office
Better Regulation Executive. 2010. Reducing Regulation Made Simple. London: HM Government.
Better Regulation Executive and National Audit Office. 2008. Effective Inspection and Enforcement: Implementing the Hampton Vision in the Environment Agency. London: Better Regulation Executive.
Better Regulation Task Force. 1997. Principles of Good Regulation. http://webarchive.nationalarchives.gov.uk/20100407162704/http:/archive.cabinetoffice.gov.uk/brc/upload/assets/www.brc.gov.uk/principlesleaflet.pdf.
Chartered Institution of Wastes Management. 2016. Environment Agency Suspends Waste Reuse Advisory Service. CIWM Journal Online October 2016, 1.
Department for Business Innovation and Skills. 2011a. The Future of the Local Better Regulation Office and extending the benefits of the Primary Authority Scheme. London: HM Government.
Department for Business, Innovation and Skills. 2015. Better Regulation Framework Manual. Practical Guidance for UK Government Officials.
Department for Business Innovation and Skills. 2017. Assessing Our Regulatory System—The Hampton Review. January 11. http://webarchive.nationalarchives.gov.uk/: http://webarchive.nationalarchives.gov.uk/20100407162704/http:/archive.cabinetoffice.gov.uk/brc/upload/assets/www.brc.gov.uk/principlesleaflet.pdf
Department for Business Innovation and Skills. 2011b. Red Tape Challenge Kicks Off. April 7. Accessed from gov.uk: https://www.gov.uk/government/news/red-tape-challenge-kicks-off
Department for Environment, Food and Rural Affairs. 2003. Review of Legislation relating to Integration Within the Environment Agency and Scottish Environment Protection Agency. London: Department for Environment, Food and Rural Affairs.
Department for Environment, Food and Rural Affairs. 2013a. 20 Ways to Influence Business Behaviour. A Short Guide to Instrument Selection for Policy Makers and Regulators. London: Department for Environment, Food and Rural Affairs.
Department for Environment, Food and Rural Affairs. 2013b. Better Evidence for Regulatory Reform: Rapid Evidence Appraisal Number 5: Environmental Policy Integration. London: Defra.
Department for Environment, Food and Rural Affairs. 2013c. Better Regulation Strategy Unit Evidence Plan 2013/14–2107/18. London: Department for Environment, Food and Rural Affairs.
Department for Environment, Food and Rural Affairs. 2013d. Better Regulation in Defra. August 7. Accessed from Gov.Uk: https://www.gov.uk/government/collections/better-regulation-in-defra
Department for Food, Environment and Rural Affairs. 2013. Environmental Permitting Guidance Core Guidance For the Environmental Permitting (England and Wales) Regulations 2010. London: Department for Food, Environment and Rural Affairs.
Department for the Environment, Food and Rural Affairs. 2014. Terms of Reference for Smarter Environmental Legislation: Phase 2 of the Smarter Environmental Regulation Review. London: Defra.
Department for the Environment Food and Rural Affairs (Defra). (2012). Terms of Reference for the Smarter Environmental Regulation Review. http://webarchive.nationalarchives.gov.uk/
Engineering Employers’ Federation. 2015. Green Tape: Manufacturers’ Views of Progress on Defra’s Regulatory Reform Agenda. London: Engineering Employers’ Federation.
Environment Agency. 2005. Delivering for the Environment: A 21st Century Approach to Regulation. London: Environment Agency.
Environment Agency. 2006. Guide to Modern Regulation. London: Environment Agency.
Environment Agency. 2014. Regulating for People, the Environment and Growth. London: Environment Agency.
European Commission. (2005). Better Regulation for Growth and Jobs in the European Union. Brussels: European Commission.
European Commission. (2010a). Action Programme for Reducing Administrative Burdens in the European Union. Brussels: European Commission.
European Commission. 2010b. Smart Regulation in the European Union. Brussels: European Commission.
European Commission. 2014. 7th European Environmental Action Programme. Brussels: European Commission.
European Commission. 2016a. Better Regulation Why and How. Accessed from European Commission: http://ec.europa.eu/info/law/law-making-process/better-regulation-why-and-how_en
European Commission. 2016b. Better Regulation: Delivering Better Results for a Stronger Union. Brussels: European Commission.
European Commission. 2016c. European Commission. Accessed from REFIT—Making EU Law Simpler and Less Costly: http://ec.europa.eu/info/law/law-making-process/overview-law-making-process/evaluating-and-improving-existing-laws/reducing-burdens-and-simplifying-law/refit-making-eu-law-simpler-and-less-costly_en#documents
European Commission. 2016d. Interinstitutional Agreement Between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making. Brussels: European Commission.
European Commission. 2016f. REFIT—Making EU Law Simpler and Less Costly. Accessed from European Commission: http://ec.europa.eu/info/law/law-making-process/overview-law-making-process/evaluating-and-improving-existing-laws/reducing-burdens-and-simplifying-law/refit-making-eu-law-simpler-and-less-costly_en#documents
European Commission. 2016g. REFIT Platform. Accessed from European Commission: http://ec.europa.eu/info/law/law-making-process/overview-law-making-process/evaluating-and-improving-existing-laws/reducing-burdens-and-simplifying-law/refit-making-eu-law-simpler-and-less-costly_en#documents
European Commission. 2016h. Evaluating Laws, Policies and Funding Programmes. Accessed from European Commission: http://ec.europa.eu/info/law/law-making-process/overview-law-making-process/evaluating-and-improving-existing-laws/evaluating_en
European Union. 2015. Guidelines on Evaluation and Fitness Checks. May 19. Accessed from European Union: http://ec.europa.eu/smart-regulation/guidelines/ug_chap6_en.htm
Hampton, P. 2005. Reducing Administrative Burdens. Effective Inspection and Enforcement. London: HM Treasury.
High Level Group of Independent Stakeholders on Administrative Burdens. 2011. Europe Can do Better. Report on Best Practice in European States to Implement EU Legislation in the Least Burdensome Way. Brussels: European Commission.
HM Government. 2008. Site Waste Management Plans Regulations 2008. Accessed from legislation.gov.uk: http://www.legislation.gov.uk/uksi/2008/314/contents/made
HM Government. 2013. The Environmental Noise, Site Waste Management Plans and Spreadable Fats etc. (Revocations and Amendments) Regulations 2013. Accessed from legislation.gov.uk: http://www.legislation.gov.uk/uksi/2013/2854/regulation/2/made
House of Commons Committee of Public Accounts. 2016. Better Regulation Eighteenth Report of Session 2016–17.
IMPEL (European Union Network for the Implementation and Enforcement of Environmental Law). 2010. Better Regulation Checklist. Brussels: IMPEL.
IMPEL. 2012. Exploring the Use and Effectiveness of Complementary Approaches to Environmental Inspections for Ensuring Compliance. Brussels: IMPEL.
IMPEL. 2014. Choosing Appropriate Interventions Alongside Inspections to Ensure Environmental Compliance and Achieve Environmental Outcomes. Final Report. Brussels: IMPEL.
Institute for European Environmental Policy. 2016. What is Make it Work. Accessed from Institute for European Environmental Policy: http://www.ieep.eu/work-areas/environmental-governance/better-regulation/make-it-work/home/
Kaminski, I. 2016. Buried DEFRA Policy Work ‘Should Be Unearthed’ to Develop New Green Law. Ends, July 27.
Lockhart-Mummery, E. 2015. Clearing the Thicket Blog. September 10. Accessed from Civil Service Quarterly Blog: https://quarterly.blog.gov.uk/2015/09/10/clearing-the-thicket/#comments
Macrory, R. 2011. Consistency and Effectiveness. Strengthening the new Environmental Tribunal. London: Centre for Law and the Environment, University College London.
National Audit Office. 2007. Hampton Implementation Reviews. Guidance for Review Teams. London: NAO.
Northern Ireland Assembly. 2016. Environmental Better Regulation Act (Northern Ireland) 2016. Belfast: Northern Ireland: The Stationary Office.
Oliver, R. 2014. Smarter and Wiser? An Update on Defra’s Smarter Environmental Regulation Review. UKELA “e-law” Newsletter. Issue 84, 31–33.
Oliver, R. 2015. Environmental Regulation—Stripping Back Bureaucracy or Protection? July 20. Accessed from LexisNexis: https://www.lexisnexis.com/uk/lexispsl/commercial/document/412012/5GGJ-3K81-DYW7-W0BH-00000-00/Environmental_regulation_stripping_back_bureaucracy_or_protection_
Regulatory Delivery. 2016a. Local Regulation: Primary Authority. September 19. Accessed from Gov.UK: https://www.gov.uk/guidance/local-regulation-primary-authority
Regulatory Delivery. 2016b. Primary Authority Handbook. London: Department for Business, Energy and Industrial Strategy.
Regulatory Delivery. 2016c. Regulatory Delivery News Issues 1. London: Regulatory Delivery; A Directorate of the Department of Business Innovation and Skills.
Regulatory Policy Committee. 2016. Costs and Benefits of New Regulation. March 10. Accessed from Gov.uk: https://www.gov.uk/government/publications/costs-and-benefits-of-new-regulation-regulatory-policy-committee-opinions-since-may-2015/costs-and-benefits-of-new-regulation
Scottish Environment Protection Agency. 2016a. One Planet Prosperity—Our Regulatory Strategy. Scottish Environment Protection Agency.
Scottish Environment Protection Agency. (2016b). One Planet Prosperity—Waste to Resources Framework. Scottish Environment Protection Agency.
Scottish Government. 2014. Regulatory Reform (Scotland) Act 2014. The Stationary Office.
Scottish Government. 2016a. New Environmental Enforcement Measures. April 29. Accessed from gov.scot: http://www.gov.scot/Topics/Environment/waste-and-pollution/BER/EnforcementMeasures
Scottish Government. 2016b. SEPA’s New Charging Scheme. April 29. Accessed from gov.scot: http://www.gov.scot/Topics/Environment/waste-and-pollution/BER/ChargingScheme
Scottish Government. 2017. Consultation on Proposals for an Integrated Authorisation Framework. Edinburgh: Scottish Government.
Tombs, S. 2016. Better Regulation for Whom. Briefing 14 April 2016. London: Centre for Crime and Justice Studies.
UK Environmental Law Association. 2012. The State of UK Environmental Legislation in 2011–12: Is There a Case for Legislative Reform? London: UK Environmental Law Association, King’s College London and Cardiff University.
Welsh Government. 2015. Well-being of Future Generations (Wales) Act 2015. Wales: The Stationary Office.
Welsh Government. 2016. Environment (Wales) Act. Wales: The Stationary Office.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 The Author(s)
About this chapter
Cite this chapter
Booth, C. (2018). Better Regulation Initiatives. In: Foreman, J. (eds) Developments in Environmental Regulation . Palgrave Studies in Environmental Policy and Regulation . Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-61937-8_3
Download citation
DOI: https://doi.org/10.1007/978-3-319-61937-8_3
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-319-61936-1
Online ISBN: 978-3-319-61937-8
eBook Packages: Social SciencesSocial Sciences (R0)