supra. to have a voice, provide input (be it positive or negative), and to exercise choice. Indeed by inviting participation, the state is entering into a relationship with the community in which the state can outline their expectations and the participants can know what to expect. This opens the regulatory design process to ‘outside’ scrutiny; thus making the design process open and transparent (thereby adhering to the transparency principle advocated by BRTF). The challenge for regulators, however, is to find ways to assist the community to make informed decisions about how they will contribute, so that they “own” their participation and trust the process.A number of obstacles exist in relation to community participation. We name one obstacle and that is, the likelihood of such participation by the community. It is apparent that insufficient parti- cipation merely weakens the rule-making process. The question that must be answered then is, what is the likelihood of the community, participating in consultations, and reviews? Generally we find a community’s willingness to participate to be positive, particularly in matters which concern them separately as individuals or collec- tively as a community. We find support in our view by research conducted by the National Consumer Council (NCC) which indicated that consumers are most likely keen to participate directly in issues that have an immediate and local impact on their lives. Further, the research indicated that tension exists between the consumers and the regulators in that it was discovered that
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