An Impact Assessment is a method of systematically assessing both the positive and negative effects of new or proposed changes to regulations on the public, private sector and on the government. The RIS is a document that records the assessment and its results. It is made publicly available on approval.
Regulatory Impact Assessments have critical role in ensuring that burdens of that new regulation places on the public and businesses is minimised. Impact assessments identify the social, economic, environmental and technical impacts and costs of proposed new proposals. This enables stakeholders to easily identify whether the benefits justify the costs. If the costs and benefits are unknown, or not considered, the regulatory burden on business, the public and the government, can grow to unreasonable levels and lead to inefficiencies.
Any proposal for a government action that imposes or reduces costs on businesses, the government, or the public sector requires an impact assessment. This means an impact assessment should be undertaken for all forms of new laws, rules, regulations and directives as well as codes of practice or guidance are issued and whenever the department or a regulator understands that the effect will be to increase or decrease costs or impose other burdens.
No there is no restriction. Preliminary work such as collecting data, conducting preliminary consultations can commence on developing a regulation at a time as decided by the regulators.
This decision remains with the regulator or any authority as prescribed by law. The new requirements do impose any change to the powers and authority of regulators.
The Regulatory Review Department in MPC is the best first reference point. Email : [email protected], Tel : 603 - 7955 7266; Fax : 603 - 7957 8068
Training on RIS and Good Regulatory Practice is available from INSTITUT TADBIRAN AWAM NEGARA (INTAN). Regulators are advised to contact INTAN for information on training courses being provided. website : http://www.intanbk.intan.my Tel : 603 – 2084 7777; Fax : 603 – 2096 1403
It is best that the Regulatory Review Department of MPC be consulted at an early stage as soon as some preliminary information and ideas are compiled. These should be sent to MPC on a form that is available from the MPC’s Regulatory Review website.
The preparation of a RIS is the responsibility of the regulator. The regulator may seek the assistance of MPC or any other experts within and outside government as it sees necessary.
No RIS is required RIS if the new Act or an amendment to an existing Act does not contain any provisions of that are regulatory in nature. If however the Act does contain provisions of a regulatory nature, than a RIS is required for those specific parts of the act.
The RIS review all options, including non-regulatory options such as education, awareness programmes , using market forces etc. The regulator is free to select any suitable option.
No. Regulations that deal with matters of national security are exempt form the requirement for RIS requirements.
The regulator can proceed to develop the regulation without a RIS incase of emergency situations. However Regulatory Review Department of MPC must be informed. A post implementation review is be required to be conducted within 2 years of implementation in such cases.
Regulations having a minor impact are exempted from a RIS. The Regulatory Review Department of MPC should be consulted for guidance.
It is best that a range of policy options should be considered. It is essential that understanding and the impact of doing nothing and of or of non-regulatory approaches are included. There is defined minimum number, however one should at the initial phase all feasible options. When impacts are better understood and some consultation has been conducted, the options that no longer look reasonable may be dropped and more in depth analysis restricted to the more promising options.
Consultations are a mandatory requirement and consultations should be held with all parties that are affected either directly or indirectly. The consultation should be comprehensive and include government, civil society, trade and industry interests.
It is necessary to provide sufficient information during the consultation phase. Measures available to declassify such documents should be taken in order that these can be made available. Guidance from legal officers should be sought.
The purpose of a RIS is to examine all feasible options, including non regulatory approaches to address the problem that is being addressed. The impact of the non-regulatory options should be compared with other options.
Government circulars intended for internal government application do not require a RIS. However any circulars or directives that have a significant impact on businesses trade or industry require a RIS.
The regulator should use the RIS to guide final decisions for the finalization and the implementation of the regulation. MPC will publish the RIS on its website for access by any interested party.