Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
No
Are these plans available to general public?
No
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Yes, in some ministries/regulatory agencies only
For example, the Corporate Affairs Commission on drafting of the Corporate Governance Code.
Where is the draft text or summary published?
Printed in a federal journal or similar publication; directly distributed to interested stakeholders.
National gazette published every week and gazette is available at government bookshop.
Primarily through email. For example, copies of the Companies Amendment Act 2014 were sent to the chamber of commerce and all institutions represented on the Board of the Commission, e.g. Sierra Leone Bar Association, Ministry of Trade, Labor Congress, Sierra Leone Institute of Chartered Accountants, and to the private sector representatives including MOFED.
Due to the Ebola outbreak and the restriction on public gatherings, radio programs were used as a platform to sensitize the public on reforms and feedback was received by way of text messages.
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
No
Is the entire text of the proposed draft published?
Yes, throughout government
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
No
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
Through targeted outreach to stakeholders, such as business associations or other groups; through email.
Comments received in one to one meetings or via emails.
Parliamentary consultations; radio programs (this is specific to the Commission).
Are received comments publicly accessible?
No
Is the rulemaking body required by law to solicit these comments on proposed regulations?
No
Is there a specialized government body or department tasked with soliciting and receiving these comments?
No
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
Yes, in some ministries/regulatory agencies only
If required by donors or international partners.
How does the government report on the results of the consultation?
Provides customized responses.
Where does the government report on the results of the consultation?
Directly distributed to interested stakeholders.
Is reporting on the results of the consultation required by law?
No
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
No
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
No
Are there any specific regulatory impact assessment guidelines?
No
Are impact assessments required by law?
No
Are impact assessment made publicly available?
No
How is this assessment distributed?
n/a
When is this assessment distributed?
n/a
Is there an obligation for regulators to consider alternatives to proposed regulation?
No
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
No
Please provide the name of this government body, and explain its functions.
n/a
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Are the laws that are currently in effect available in a single place?
Yes
How are the laws that are in force accessed?
Printed in an official gazette / journal or other publication
Are the secondary regulations that are currently in effect codified and available in a single place?
Yes
Are these websites or registries updated regularly?
No
Can these websites or registries be accessed by the public free of charge?
Yes
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Do ministries or regulatory agencies conduct ex-post reviews?
No
Are there any criteria for which regulations are subject to ex-post reviews?
No
What specific approaches are used by your government?
n/a
Are ex-post reviews required by law?
No
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Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency?
Yes
In some cases appeal can be made to tribunal consisting of judges as provided for under the Telecommunications Act 2009.
When appealing against adverse regulatory decisions, which options are typically available to affected parties?
Administrative review by an independent body
Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised?
Yes
Conflicting laws and regulations and overlap in institutional function may at times forces a revision process. In one too many instances, it is the obligation imposed by international treaties that drives the process. The call from international donors and partners to adopt international best practice and trends also plays a pivotal role.
