Scrutinising Statutory Instruments: Departmental Returns, 2006 · whenever Parliament is sitting to...

HL Paper 153

HC 917

House of Lords House of Commons

Joint Committee on Statutory Instruments

Scrutinising Statutory Instruments: Departmental Returns, 2006

First Special Report of 2006–07

HL Paper 153 HC 917

Published on 19 July 2007 by authority of the House of Lords

and the House of Commons London: The Stationery Office Limited

£0.00

House of Lords House of Commons



First Special Report of 2006–07

Report, together with formal minutes and appendices

Ordered by The House of Lords to be printed 11 July 2007 Ordered by The House of Commons to be printed 11 July 2007


The Joint Committee on Statutory Instruments (JCSI) is appointed to consider statutory instruments made in exercise of powers granted by Act of Parliament. Instruments not laid before Parliament are included within the Committee's remit; but local instruments are not considered by JCSI unless they are subject to parliamentary procedure and instruments made by devolved administrations are not to be considered by JCSI unless they are required to be laid before Parliament. The Joint Committee is empowered to draw the special attention of both Houses to an instrument on any one of a number of grounds specified in the Standing Orders under which it works; or on any other ground which does not impinge upon the merits of the instrument or the policy behind it.

Current membership

House of Lords Earl Attlee (Conservative) Lord Dykes (Liberal Democrat) Baroness Gale (Labour) Lord Gould of Brookwood (Labour) Lord Kimball (Conservative) Countess of Mar (Crossbench) Lord Walpole (Crossbench) House of Commons David Maclean MP (Conservative, Penrith and The Border) (Chairman) Dr Roberta Blackman-Woods MP (Labour, City of Durham) Mr Peter Bone MP (Conservative, Wellingborough) Michael Jabez Foster MP (Labour, Hastings and Rye) Mr David Kidney MP (Labour, Stafford) Mr John MacDougall MP (Labour, Central Fife) David Simpson MP (Democratic Unionist, Upper Bann)

Powers

The full constitution and powers of the Committee are set out in House of Commons Standing Order No. 151 and House of Lords Standing Order No. 74, available on the Internet via www.parliament.uk.

Publications

The reports of the Committee are published by The Stationery Office by Order of both Houses. All publications of the Committee are available on the Internet from www.parliament.uk.

Committee staff

The current staff of the Committee are Mick Hillyard (Commons Clerk), Kath Kavanagh (Lords Clerk), and Jacqueline Cooksey (Committee Secretary). Advisory Counsel: Peter Davis, Peter Brooksbank and Christine Cogger (Commons) and Peter Milledge (Lords).

Contacts

All correspondence should be addressed to the Clerk of the Joint Committee on Statutory Instruments, Delegated Legislation Office, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2830; the Committee's e–mail address is: [email protected].


Contents

Report Page

Departmental Returns, 2006 2 The work of the Joint Committee on Statutory Instruments 2 Monitoring Departments’ progress 4 Analysis of returns for instruments reported in 2006 6 Analysis of returns for instruments reported in 2005 and earlier 6 Examples of the variety and complexity of some of the defects reported to both Houses 7 Previously highlighted Instruments on which action remains outstanding 9

Annex 1: Extract from request sent to Departments in 2007 11 Table 1: Analysis of returns for instruments reported in 2006 13 Table 2: Analysis of returns for instruments reported in 2005 or earlier 13 Table 3: Analysis by Department of returns for instruments reported in 2006 14 Table 4: Analysis by Department of returns for instruments reported in 2005 and earlier 14

Annex 3: Instruments reported and memoranda published 15

Annex 4: Departmental Returns 22

List of Tables 23

Annex 2: Analysis of Departmental Returns 13

Formal Minutes 94

List of Correspondence 95

Appendix A 96

Appendix B 97

2 Joint Committee on Statutory Instruments

Departmental Returns, 2006

The work of the Joint Committee on Statutory Instruments

1. Our role is to examine the technical qualities of almost every general statutory instrument, and those local ones that involve some parliamentary control.1 We do not assess the merits of any instrument or the underlying policy. During the calendar year 2006, we scrutinised 1,285 statutory instruments and found cause to draw the special attention of each House to 76 instruments (6% of the total scrutinised) on one or more of the following grounds in accordance with our terms of reference:

i) that it imposes, or sets the amount of, a charge on public revenue or that it requires payment for a licence, consent or service to be made to the Exchequer, a government department or a public or local authority, or sets the amount of the payment;

ii) that its parent legislation says that it cannot be challenged in the courts;

iii) that it appears to have retrospective effect without the express authority of the parent legislation;

iv) that there appears to have been unjustifiable delay in publishing it or laying it before Parliament;

v) that there appears to have been unjustifiable delay in sending a notification under the proviso to section 4(1) of the Statutory Instruments Act 1946, where the instrument has come into force before it has been laid;

vi) that there appears to be doubt about whether there is power to make it or that it appears to make an unusual or unexpected use of the power to make it;

vii) that its form or meaning needs to be explained;

viii) that its drafting appears to be defective;

ix) any other ground which does not go to its merits or the policy behind it.

2. We found the remaining instruments (1,209 or 94% of the total) to be in satisfactory technical order.2

1 A substantial proportion of delegated legislation (for example, local instruments, such as those that relate to

temporary road closures, which have only to be published to become law) receives no parliamentary scrutiny. Some instruments are not formally laid before Parliament nor subject to any parliamentary proceedings although they may be scrutinised by the JCSI. An instrument subject to the negative procedure becomes law on the date stated on it but will be annulled if either House (or the Commons only, in the case of instruments dealing with financial matters) passes a motion calling for its annulment within a certain time (usually 40 days). An instrument that is subject to the affirmative procedure must receive Parliament's approval either before it can come into force or to remain in force. Most instruments subject to the affirmative procedure are laid in the form of a draft. The form of parliamentary procedure is usually set out in the parent Act. The procedure for the laying of a statutory instrument is set out in House of Commons Standing Order 159. In short, for an SI to be laid before the House of Commons a copy of the instrument must be ‘laid on the table of the House’, which actually means placing a copy of the Instrument with the Votes and Proceedings Office (part of the Journal Office). Most S.I.s are laid in both Houses and a similar procedure applies in the House of Lords. See also the House of Commons Library Factsheet L7.

2 During calendar year 2006, 3,471 statutory instruments were made, slightly fewer than the 3,601 that were made in 2005; in that year our Committee considered 1,285, of which we found cause to draw the special attention of each

Scrutinising Statutory Instruments: Departmental Returns, 2006 3

3. Our membership is drawn from both Houses of Parliament. We usually meet weekly whenever Parliament is sitting to consider a batch of recent instruments and draft instruments. Our assessments on individual instruments and drafts are published in our weekly reports: we identify any instrument or draft that appears to come within any of the grounds set out above and explain why we believe so; we include a memorandum supplied from the relevant Department in response to our question(s); and we also list (generally) without comment all other instruments we have passed. We also occasionally publish for interest a memorandum from the relevant Department on an instrument we have passed. Our weekly report is posted on our website3 usually within six days of each Committee meeting. Our reports, which identify the defects that attract the attention of the Committee, should be considered essential reading by anyone involved in drafting statutory instruments.

4. In addition to our weekly reports, we publish this annual report as a way of providing a further degree of scrutiny of statutory instruments and the progress that Departments may have made in addressing points raised on reported instruments. For this report we follow up on those instruments that were reported during the previous calendar year and request Departments to update us on the extent to which they are addressing (or not addressing) the concerns we raised on those instruments. We also request information from Departments on any outstanding actions on instruments that were reported in previous years and where we considered last year that action was still outstanding.

5. This report presents information on the 76 statutory instruments that we reported to both Houses during 2006, the progress (if any) that Departments have made in addressing the concerns on those instruments and their progress (if any) in dealing with any outstanding actions on the 85 instruments reported in 2005 and earlier years where we had concluded in last year’s report that action was still outstanding.

6. The most common reasons for reporting instruments are set out in the following tables. They stem from the Committee’s terms of reference (see paragraph 1 above), and include defects in the drafting of an instrument; doubt over the powers under which it is said to be made; that it makes an unusual or unexpected use of those powers; that it requires elucidation; that it fails to conform to proper drafting practice; or that there was some delay in presenting the papers to the Committee. Clearly, different concerns will require different remedies. For example, some errors, such as particular examples of defective drafting or doubtful vires may require the instrument to be revoked or amended, whereas an unacceptable delay in presenting papers to the Committee may require an assurance from the Department than it had improved its procedures so as to minimise the risk of a repetition of the error. Some reported concerns may require no further action. For example, if an instrument has been reported on the grounds that its meaning needs to be explained, the explanation may be found in the memorandum provided to us in response

House to 76 instruments (6%). The remaining 1,209 (94%) were found to be in satisfactory technical order. Both general and local Statutory Instruments are numbered in the same sequence, according to calendar year. In recent years the highest reference numbers issued have been 3,114 (1997), 3,321 (1998), 3,491 (1999), 3,412 (2000), 4,150 (2001), 3,267 (2002), 3,367 (2003), 3,459 (2004) and 3,601 (2005). The House of Commons Sessional Returns give figures for the numbers of Statutory Instruments considered by the Joint Committee on Statutory Instruments in each parliamentary session. Recent figures are 2,466 (1997-98 – a long post-election session), 1,697 (1998-99), 1,263 (1999-2000), 1,788 (2000-01), 2,052 (2001-02), 1,551 (2002-03), 1,371 (2003-04), 589 (2004-05 – a short pre-election session), and 2,139 (2005-06).

3 See the Committee website http://www.parliament.uk/jcsi/


to our questioning, or the clarification may have been supplied by the Minister during a debate on the instrument.

Monitoring Departments’ progress

7. In addition to monitoring when Departments undertake action on outstanding instruments and commenting where we believe Departments should be doing more to clear outstanding actions, we have also pressed Departments to take prompt remedial action on particular instruments where we believe this is required. We have had a long standing interest in pressing Departments to reduce the number of defective instruments that remain in effect for too long simply because the Department waits for “a suitable opportunity to amend”.

8. As in previous years, we identify the progress that different Departments have made in remedying their defective instruments. The reasons why the number of instruments reported by us varies between Departments are in our view, likely to relate closely to the varying length and complexity of instruments and the number of instruments that each Department makes, and may be a poor indicator of a Department's overall performance in this field. Similarly, we note that the number of instruments outstanding against any one Department takes no account of the fact that certain errors are easier to correct than others, or that certain types of instrument tend to be revoked and replaced regularly, which will affect the speed at which corrections are made.

9. Our aim in publishing this annual report is to encourage Departments to take corrective action on the instruments that we have previously reported, and so improve the quality of delegated legislation. In last year’s report, we included for the first time tables that showed the wide variation in Departments’ progress in completing actions on outstanding instruments. We believe we provide a useful service to both Houses by identifying this variation.

10. Last year, we supplied copies of the report to relevant Ministers and in a covering letter (dated 25 July 2006) invited a Government response to the issues raised in that report.4 On 14 May 2007 we received a response from Baroness Ashton, Ministry of Justice, which helpfully summarised the situation in each Department. We welcome this response and thank Baroness Ashton for the interest she has shown in following up on our work in that report. We publish her letter with this report.5 We would welcome a response from Government to this report. However, we would prefer the Government to provide such a response within two months of this report being published. The Government could therefore conduct its survey of Departments well before our annual survey, which we undertake during the first quarter of each calendar year. In supplying its response, we further recommend that the Government looks closely at the quality of the responses provided by individual Departments. For example, in Baroness Ashton’s letter some Departments have provided an update, which includes the number of instruments outstanding and an indication of when a remedy was likely to be made. Other Departments, on the other hand, have provided very little meaningful information. We would like Departments to explain why previous commitments to remedy defective

4 See Appendix A

5 See Appendix B


instruments had been missed. For example, in their response to us (given in April 2006) in connection with Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), the Department for Constitutional Affairs stated that they expected to bring the rule to the attention of the Civil Procedure Rule Committee in May 2006. But in April 2007, the DCA now seem to be saying that the rule will be brought to the same Committee “at one of their monthly meetings this year”. This offers no explanation why the DCA failed to deliver last year’s “expectation”. We expect Departments to provide more meaningful responses and recommend accordingly.

11. On a more positive note, we are pleased to report that since last year’s report, Departments have improved their performance considerably in one important respect: Departments’ actions have resulted in a marked overall reduction in the number of instruments that were reported in 2006 that remain outstanding. For example, by 1 April 2007, Departments had completed actions on nearly three quarters of all instruments reported in 2006, whereas last year’s figure for the previous year (2005) was only 60%. Unfortunately, this improved performance was not sustained when we consider the progress that Departments have made in completing actions on instruments that were reported in earlier years (pre 2005) and which were outstanding as at 1 April 2006. We find that completion rate has fallen from 44% in last year’s report for instruments reported in 2004 to a disappointing 35% of instruments reported in 2005 and before. We will monitor closely those Departments that allow the number of outstanding defective instruments to rise.

12. Four tables have been prepared based on information supplied by Departments in March and April 2007.6

13. The details are included at annex 2.

• Table 1 shows the number of points (or specific defects) that had been reported by the Committee in 2006 on all grounds, and the progress of Departments in dealing with them as at 1 April 2007;

• Table 2 shows the number of points that had been reported in 2005 and in previous years on all grounds, on which points were outstanding as at 1 April 2006, and the progress of Departments in dealing with them as at 1 April 2007;

• Table 3 shows, by Department, the number of instruments reported in 2006 on all grounds, the number of instruments with points still outstanding on 1 April 2007, and the progress of Departments in dealing with them as at 1 April 2007;

• Table 4 shows, by Department, the number of instruments reported in 2005 or earlier on which points were outstanding as at 1 April 2006, and the progress of Departments in dealing with them as at 1 April 2007.

It should be noted that an instrument may be reported for more than one point: several points may be taken on one ground or points may be taken on a number of grounds.

6 The information provided by Departments has in some cases been amended for the purpose of consistency.


Analysis of returns for instruments reported in 2006

14. The progress made by individual Departments in clearing instruments that were reported in 2006 is set out in tables 1 and 3 in annex 2. The figures in table 1 show that on average, by 1 April 2007 remedial action had been completed on 74% of the points reported in 2006.7 The comparable figure published in last year’s report was only 55%, so Departments have shown a significant improvement in clearing outstanding points on instruments reported in the previous calendar year. This improvement is also reflected in Table 3, which shows the progress of individual Departments in completing actions on reported instruments in 2006. On average, action has been completed on 72% of instruments reported in 2006, which compares favourably with only 44% of instruments reported in 2005. As regards the performance of individual Departments, as in previous years this remains very mixed. Table 3 shows that, by 1 April 2007, four Departments had completed all the necessary actions to clear all their instruments that we reported in 2006 and so achieved a clearance rate of 100%: Foreign and Commonwealth Office, Department for Work and Pensions, Department for Culture, Media and Sports and HM Treasury. Listed at the bottom of the table are Departments which failed to complete the actions on their reported instruments: Home Office (Northern Ireland), Food Standards Agency and HM Revenue and Customs.8

Analysis of returns for instruments reported in 2005 and earlier

15. Tables 2 and 4 in Annex 2 show the progress made by individual Departments in dealing with instruments that we reported in 2005 and earlier. The Departmental returns indicate that only 35% of instruments outstanding a year earlier from 2005 and before have had actions completed by 1 April 2007. Again the performance of individual Departments varies widely. The following Departments completed actions on their reported instruments and achieved a completion rate of 100%: Department for Culture, Media and Sport, HM Treasury and Privy Council Office. Listed at the bottom of the table are the Departments that did not complete any actions on any reported instruments: Ministry of Defence, Department for Constitutional Affairs (now the Ministry of Justice) and HM Revenue and Customs.9 Poor completion rates were recorded for the Department of Trade and Industry which cleared only 36% of reported instruments and the Department for Environment, Food and Rural Affairs and the Department of Transport which cleared only 35% and 33% respectively of their reported instruments10. Even lower clearance rates were recorded by the Northern Ireland Office (17%) and the Department for Education and Skills (11%).

7 The figures are based on our assessment of whether further action is required after having due regard to the

response provided by the relevant Department. In the vast majority of cases, there is no disagreement between the Department and ourselves. However, in a limited number of cases, we may not necessarily accept a Department‘s response that no further action is necessary. In these limited cases, we have decided to count the contested instruments as requiring further action. This approach has the advantages of allowing us to continually monitor the particular instruments from year to year until the required action is completed while also providing Departments with incentives to undertake further remedial action or at least to set out in their Departmental Returns to us a more persuasive case for treating the instrument as requiring no further action.

8 The list contains those Departments which produced an instrument that we reported during 2006 to both Houses for special attention.

9 The list contains those Departments which produced an instrument that we reported during 2006 to both Houses for special attention. Ministry of Defence and HM Revenue and Customs score 0%, but both Departments disagree with our assessment that further action is outstanding on their reported instrument.

10 Department for Transport disagrees with our assessment that further action is outstanding.


16. As noted above, we recognise that some errors can be remedied relatively easily compared with others, but we consider it useful to identify the wide variation that exists among Departments in the speed with which they taken action on reported instruments.

17. In Annex 3 to this Report, we list those instruments that were reported in 2006 and those instruments, which although not reported to both Houses by the Committee, prompted the Committee to request and publish memoranda.

Examples of the variety and complexity of some of the defects reported to both Houses

18. Below we outline a selection of points which we raised on instruments scrutinised during 2006.11 We do this simply to illustrate the variety and complexity of points we have raised on instruments reported during 2006; we do not wish to imply that these points are any worse than others that we have reported during the year.

S.I. 2006/1721: reported for defective drafting and for an unjustified breach of the 21-day rule

Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721)

19. The Committee decided to draw the special attention of both Houses to these Regulations on the grounds that they were defectively drafted. There were different commencement dates for different provisions; therefore regulation 3 should have indicated which was intended rather than referring just to “the commencement date”. Also the italic heading should have indicated that there was more than one commencement date and finally there was an unjustified breach of the 21-day rule.

S.I. 2006/1788: reported for failure to conform to proper legislative practice

Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788)

20. The Committee decided to draw the special attention of both Houses to this Order on the ground that it did not conform to proper legislative practice. Article 8 of the Order contained procedural rules which applied where a public interest ruling was the subject of an appeal or application for leave to appeal, but the expression “public interest ruling” was not defined in the Order nor in the parent Act.

S.I. 2006/1975: reported for defective drafting

Registered Designs Rules 2006 (S.I. 2006/1975)

21. The Committee decided to draw the special attention of both Houses to these Rules on the ground that they were defectively drafted. Flaws in the indenting resulted in the literal meaning failing to match the intended one, and also the rule specifying the opening times of the Patent Office omitted any mention of the days on which the office was to be open for particular business, erroneously implying that it was to be open 7 days a week.

11 Taken from 37th Report of Session 2005-06.



Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (S.I. 2006/2183)

22. The Committee decided to draw the special attention of both Houses to these Regulations on the ground that they were defectively drafted. Regulation 6(1) provided that “the employer shall ensure that the work equipment made available to workers on the ship –

(a) is suitable for the work to be carried out, or

(b) is properly adapted for that purpose, and

(c) may be used by workers without impairment to their health or safety.”

23. The Committee considered Regulation 6(1) to be ambiguously worded and asked the Department whether the intention was that the work equipment must satisfy sub-paragraph (c) as well as either (a) or (b), or that it must satisfy either (a) or both (b) and (c). In its response the Department explained that the intention was the former, and accepted that the wording might be regarded as ambiguous, and undertook to seek a suitable opportunity to amend regulation 6(1).


Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2231)

24. The Committee decided to draw the special attention of both Houses to these Regulations on the ground that they were defectively drafted. Regulation 2(2) inserted into the Cosmetic Products (Safety) Regulations 2004 a provision to the effect that no cosmetic product containing specified substances shall be placed on the market or supplied after “31st November 2006.” The Committee questioned the Department about this unusual date, and it explained that the date should have read “30th November 2006”, and undertook to make amending regulations before that date to correct the error. The Department told us that the regulation would be interpreted as referring to 30th November as it was obvious that what was meant was the end of the month and that such an interpretation was confirmed by Article 2 of the Directive, which the Regulations implemented. The Committee was not persuaded. In its report, it pointed out Article 2 of the Directive required the prohibition to apply from 1st December 2006 at the latest and that it was possible that the prohibition was intended to apply after, for example, 31st October or 21st November.

S.I. 2006/2381: reported for requiring elucidation

Education (Nutritional Standards for School Lunches) (England) Regulations 2006 (S.I. 2006/2381)

25. The Committee decided to draw the special attention of both Houses to these Regulations on the ground that they required elucidation. Regulation 6 stated that food from group C (certain meat products) could only be made available “infrequently”. The


Committee considered the use of such a vague term in legislation to be undesirable and accordingly reported regulation 6(1) as requiring elucidation.

S.I. 2006/2390: reported for failure to comply with Statutory Instrument Practice

National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 (S.I. 2006/2390)

26. The Committee decided to draw the special attention of both Houses to these Regulations on the ground that they did not comply with Statutory Instrument Practice. These Regulations required the consent of the Treasury and, although this was acknowledged in the preamble to the instrument, the instrument was signed only by the Minister of State at the Department of Health and not also on behalf of the Treasury, as referred to in paragraph 2.10.1 of Statutory Instrument Practice. The Department acknowledged that the correct procedure was not followed and further acknowledged that the absence of the signature of two Lords Commissioners of Her Majesty’s Treasury might create doubt as to whether valid consent had in fact been given.

Previously highlighted Instruments on which action remains outstanding

27. In addition to our usual scrutiny, we have also been monitoring Departments’ progress in addressing outstanding issues on 21 instruments (originally identified in 2004) on which undertakings to amend the instruments “at an early opportunity” or “at the first opportunity” had not been fulfilled for some time. Previously we have commented that Ministers were responsible for the good order of the secondary legislation made in their Departments and that we expected undertakings to be fulfilled within a reasonable time and that it was not acceptable that defects requiring correction should remain in legislation indefinitely. Below we provide the latest position on the progress made by Departments in completing the outstanding actions on the seven instruments that remained outstanding in last year’s report. Of these seven instruments, action has been completed on four. The table below summarises the comment made as at 1 April 2005 and the progress made as at 1 April 2007. An instrument listed in bold print indicates that remedial action by the Department still remains to be completed as at 1 April 2007.


Expected to be corrected during Autumn 2005 or shortly after

Progress as at 1 April 2007

Department of Trade and Industry

S.I. 1999/360: Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

Amending Regulations (2007/933) came into effect on 19 March 2007

Awaiting opportunity or unclear how to proceed as at 1 April 2005

Progress as at 1 April 2007

Department for Work and Pensions (Health and Safety Executive)

S.I. 2001/880: Biocidal Products Regulations 2001

The Chairman of the Committee has corresponded with HSE in relation to Regulation 25(6) and awaits further detail from them on how to resolve the issue.

Northern Ireland Office

S.R. 1997/469: Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997

Previous returns have referred to the fact that the Northern Ireland Regulations follow the pattern of those for England and Wales. Drafting is now underway on a set of Regulations intended for 2008 which among other things will address the defects identified by the Committee. (It seems likely that the Northern Ireland instrument will be laid before the Northern Ireland Assembly).

S.R. 1997/470: Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1977

These will be revoked and replaced by the draft Regulations referred to above. These Regulations are being prepared in parallel with the England and Wales Pesticide Regulations, intended for 2008.

S.R. 2002/147: Explosives (Fireworks) Regulations (Northern Ireland) 2002

Amending instrument issued. The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (SR 2006/425) made corrective amendments to regulations 4(2) and 8(2) and (3) and Schedule 3 of the 2002 Regulations.

Privy Council Office

S.I. 2000/3290: General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000

Amending instrument issued 16 June 2006: SI 2006/1630 - The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006

S.I. 2000/3291: General Chiropractic Council (Health Committee) Rules Order of Council 2000

Amending instrument issued 16 June 2006: SI 2006/1630 - The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006.

28. As the table shows, action has now been completed on all but three instruments. On S.I. 2001/880, the Department has engaged in a useful exchange with the Committee. As regards S.R. 1997/469 and S.R. 1997/470, action on these is expected to be completed during 2008. Full details on these and the other instruments are set out in the Annexes.


Annex 1: Extract from request sent to Departments in 2007

During March 2007, Departments were asked to complete pro forma tables setting out the action the Department had taken on instruments which the Committee had drawn to the special attention of both Houses in 2006 and to provide updating information on instruments reported in 2005 and earlier in respect of which the Committee considered, in our previous report, that remedial action remained outstanding. An extract from the request to Departments in 2007 is printed below. The information provided by Departments is used in the Annexes to this Report.

The Joint Committee on Statutory Instruments (JCSI) is repeating its annual exercise of requesting each Department to set out its action taken in respect of instruments reported by the Committee in calendar year 2006 and in respect of instruments reported in earlier years on which the Committee considers action remains outstanding. For convenience, I attach an annex which lists all the instruments for your Department/office which the Committee reported on in 2006 and those instruments that were reported in previous years and on which action is outstanding. Please make your comments on this attachment and return. You must use track changes when amending the annex. Please check the annex and add any instruments that have been omitted. Completed returns to be emailed to JCSI by 30 April 2007. The special report, which will be published once the returns are analysed, is likely to follow the format of last year’s special report. (HL 230, HC 1523) and will note the progress of different Departments in completing their outstanding actions. That report is available from the committee web pages. Detailed request Your Department is requested to complete the table(s) showing where action is still outstanding and indicating what, if any, action has been taken in 2006. If no action has been taken, an explanation should be given in the ‘Observations’ section. The following may provide a useful guide: Response and type of action – the response from the Department should be classified as follows:— • No action necessary (specify the reason under Observations); • Correction slip issued (give date); • Instrument reissued/reprinted (give date); • Amending instrument issued (give date; title and registration number to

be included under Observations);


• Committee’s comments incorporated in succeeding instrument (give date; title to be included under Observations);

• Awaiting opportunity to amend/act on comments (note likely date, if known, under Observations);

• Other (explain). Observations – to be used for explanations of other entries, including reasons why no action on the instrument is considered necessary, estimates of dates of future action and, where your Department is in disagreement with the Committee on a point, the reasons why. Special attention Please note the following: • the annex relates only to instruments that the Committee decided to

draw to the special attention of both Houses. Instruments do not appear in this annex where the Committee requested a memorandum from a Department but decided to merely print the memorandum or decided that no further action was necessary.

• where the Committee and the Department disagree, this is shown in bold italics.

• table or column widths must not be adjusted. • track changes are to be used at all times. It is intended that, as in last year’s report, the Committee will publish the table as an annex to a Special Report. Where Departments have repeatedly failed to take remedial action on instruments, the Committee reserves the right to draw such instances to the special attention of both Houses. The Committee may also be invited to consider calling a Departmental representative to explain why action on certain instruments remains outstanding. 22 March 2007


Annex 2: Analysis of Departmental Returns

Table 1: Analysis of returns for instruments reported in 2006

Total number of Instruments reported: 76 Total number of points reported: 105

Grounds for reporting

Points reported during 2006

Points outstanding on

1 April 2007

% of reported points on which action has been

completed

Defective drafting 62 [2] 19 [2] 69%Dubious vires 2 1 [1] 50%Elucidation required 4 0 100%Unusual or unexpected use of powers 2 1 [1] 50%Failure to comply with proper drafting practice 11 3 [1] 73%Delay 13 0 100%Other 11 3 73%Total (Average) 105 27 (74%)Notes: Figures in square brackets indicate the number of instruments on which the department is in disagreement with the Committee and the Committee is not yet convinced that further action is unnecessary.

Table 2: Analysis of returns for instruments reported in 2005 or earlier

Grounds for reporting


1 April 2006


1 April 2007

% of previously outstanding

points on which action has been

completedDefective drafting 103 65 [3] 37%Dubious vires 6 1 83%Elucidation required 3 1 67%Unusual or unexpected use of powers 3 3 [1] 0%Failure to comply with proper drafting practice 7 6 14%Other 9 8 [2] 11%Total (Average) 131 84 (35%)

Notes: Figures in square brackets indicate the number of instruments on which the department is in disagreement with the Committee and the Committee is not yet convinced that further action is unnecessary.


Table 3: Analysis by Department of returns for instruments reported in 2006

(Departments ranked according to their progress in clearing Instruments)

Department

Instruments reported

during 2006

Instruments with points

outstanding at 1 April 2007

% of reported Instruments on

which action has been completed

Foreign and Commonwealth Office 2 0 100%Department for Work and Pensions 5 0 100%Department for Culture, Media and Sport 2 0 100%HM Treasury 2 0 100%Department for Education and Skills 6 1 83%Department for Environment, Food and Rural Affairs 11 2 [1] 82%Department for Transport 5 1 80%Ministry of Defence 4 1 75%Department for Constitutional Affairs 11 3 [2] 73%Department of Communities and Local Government 6 2 67%Home Office 3 1 67%Department of Trade and Industry 10 4 [2] 60%Department of Health 6 3 50%Home Office (Northern Ireland) 1 1 0%Food Standards Agency 1 1 0%HM Revenue & Customs 1 1 0%Total (Average) 76 21 (72%)

the Committee is not yet convinced that further action is unnecessary. (ii) Department of Communities and Local Government (formerly ODPM).Notes: (i) Figures in square brackets indicate the number of instruments on which the department is in disagreement with the Committee and

Table 4: Analysis by Department of returns for instruments reported in 2005 and earlier

(Departments ranked according to their progress in clearing Instruments)

Department Instruments reported in

2005 and earlier with points still


Instruments with points


% of previously outstanding

Instruments on which action has been completed

Department for Culture, Media and Sport 1 0 100%HM Treasury 3 0 100%Privy Counsel Office 2 0 100%Home Office 5 1 80%Food Standards Agency 4 1 [1] 75%Department of Health 7 3 57%Northern Ireland Court Service 2 1 50%Department for Work and Pensions 5 3 40%Department of Trade and Industry 11 7 36%Department for Environment, Food and Rural Affairs 17 11 35%Department for Transport 6 4 [1] 33%Northern Ireland Office 6 5 17%Department for Education and Skills 9 8 [2] 11%Ministry of Defence 1 1 [1] 0%Department for Constitutional Affairs 5 5 0%HM Revenue & Customs 1 1 [1] 0%Total (Average) 85 51 (40%)

the Committee is not yet convinced that further action is unnecessary.Notes: Figures in square brackets indicate the number of instruments on which the department is in disagreement with the Committee and


Annex 3: Instruments reported and memoranda published

This Annex lists instruments reported in 2006, and instruments not reported but in respect of which Departmental memoranda were published.

Instruments reported by the Committee are listed in normal print.

Instruments where action is still outstanding as at 1 April 2007 are listed in bold print.

Instruments where the Department and the Committee disagree over whether further action is required are printed in bold italics.

Key to responsible Departments

DCA Department for Constitutional Affairs (from 12.06.2003: formerly LCD) DCLG Department for Communities and Local Government (from 05.05.2006:

formerly ODPM) DCMS Department for Culture, Media and Sport DfES Department for Education and Skills DEFRA Department for Environment, Food and Rural Affairs DH Department of Health DTI Department of Trade and Industry DfT Department for Transport DWP Department for Work and Pensions FdSA Food Standards Agency FCO Foreign and Commonwealth Office HMT HM Treasury HO Home Office HO-NI Home Office (Northern Ireland) HMRC HM Revenue & Customs (previously Inland Revenue) MoD Ministry of Defence NICS Northern Ireland Court Service (reporting to Dept for Constitutional Affairs) NIO Northern Ireland Office PCO Privy Council Office (including the Leader of the House of Commons)

Key to action taken by Departments as at 1 April 2007

1 Amending instrument issued 2 Awaiting opportunity to amend 3 No further action (e.g. elucidation provided or Committee’s comments noted) 4 Provision revoked or lapsed 5 Department disagrees with Committee 6 Instruments not reported by the Committee, but in respect of which a

Departmental memorandum was printed


Instruments reported during 2006: Session 2005-06 Action taken

14th Report of Session 2005-06 (HC 35-xiv, HL Paper103)

S.I. 2005/3165 Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005

DfT 3

S.I. 2005/3170 Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005

DfT 3

S.I. 2005/3188 Civil Partnership (Armed Forces) Order 2005 MOD 3

15th Report of Session 2005-06 (HC 35-xv, HL Paper106)

S.I. 2005/3222 Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005

DfES 3

16th Report of Session 2005-06 (HC 35-xvi, HL Paper110)

S.I. 2005/3320 Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005

HMRC 2

S.I. 2005/3323 Housing Renewal Grants (Amendment) (England) Regulations 2005

DCLG12 2

S.I. 2005/3344 Firearms (Amendment) Rules 2005 HO 3

17th Report of Session 2005-06 (HC 35-xvii, HL Paper121)

S.I. 2005/3361 National Health Service (General Dental Services Contracts) Regulations 2005

DH 6

S.I. 2005/3373 National Health Service (Personal Dental Services Agreements) Regulations 2005

DH 6

18th Report of Session 2005-06 (HC 35-xviii, HL Paper127)

No instruments reported or memoranda printed

19th Report of Session 2005-06 (HC 35-xix, HL Paper136)

S.I. 2005/3595 Register of Judgments, Orders and Fines Regulations 2005

DCA 3

S.I. 2006/55 Armed Forces Redundancy Scheme Order 2006 MOD 1

S.I. 2006/68 Transmissible Spongiform Encephalopathies Regulations 2006

DEFRA 4

12 Formerly ODPM


20th Report of Session 2005-06 (HC 35-xx, HL Paper139)

S.I. 2006/92 Cremation (Amendment) Regulations 2006 DCA 3

21st Report of Session 2005-06 (HC 35-xxi, HL Paper147)


22nd Report of Session 2005-06 (HC 35-xxii, HL Paper150)

S.I. 2006/213 Housing Benefit Regulations 2006 DWP 3

S.I. 2006/214 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

DWP 3

S.I. 2006/215 Council Tax Benefit Regulations 2006 DWP 3

S.I. 2006/216 Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

DWP 3

S.I. 2006/246 Transfer of Undertakings (Protection of Employment) Regulations 2006

DTI 1

23rd Report of Session 2005-06 (HC 35-xxiii, HL Paper159)

S.I. 2006/202 Duty Stamps Regulations 2006 HMRC 6

S.I. 2006/361 Public Benefit Corporation (Register of Members) Amendment Regulations 2006

DH 3

24th Report of Session 2005-06 (HC 35-xxiv, HL Paper167)

S.I. 2006/483 Education (Fees and Awards) (Amendment) Regulations 2006

DfES 1

25th Report of Session 2005-06 (HC 35-xxv, HL Paper181)

S.I. 2006/511 Education (Budget Statements) (England) Regulations 2006

DfES 3

S.I. 2006/552 National Health Service (Local Pharmaceutical Services etc.) Regulations 2006

DH 1

S.I. 2006/606 Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006

MOD 1

S.I. 2006/641 Water Resources (Abstraction and Impounding) Regulations 2006

DEFRA 2

S.I. 2006/660 Gangmasters (Licensing Conditions) Rules 2006 DEFRA 4

S.I. 2006/676 Judicial Discipline (Prescribed Procedures) Regulations 2006

DCA 2

S.I. 2006/714 Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006

DWP 3

S.I. 2006/779 Controls on Dogs (Non-application to Designated Land) Order 2006

DEFRA 5


26th Report of Session 2005-06 (HC 35-xxvi, HL Paper184)


27th Report of Session 2005-06 (HC 35-xxvii, HL Paper190)

S.I. 2006/830 Residential Property Tribunal (Fees) (England) Regulations 2006

DCLG13 3,2

S.I. 2006/1033 Education (Information as to Provision of Education) (England) (Amendment) Regulations 2006

DfES 3

28th Report of Session 2005-06 (HC 35-xxviii, HL Paper199)

S.I. 2006/1179 Ceramic Articles in Contact with Food (England) Regulations 2006

FdSA 3,2

S.I. 2006/1185 M6 Toll (Speed Limit) Regulations 2006 DfT 3

29th Report of Session 2005-06 (HC 35-xxix, HL Paper207)

S.I. 2006/607 Transfer of Functions (Office of Her Majesty’s Paymaster General) Order 2006

HMT 3

S.I. 2006/639 Civil Partnership Act 2004 (Commencement No. 3) Order 2006

DCA 3

S.I. 2006/795 Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006

DEFRA 3

S.I. 2006/880 Lands Tribunal (Amendment) Rules 2006 DCA 3

S.I. 2006/934 Environment Act 1995 (Commencement No. 23) (England and Wales) Order 2006

DEFRA 3

S.I. 2006/984 Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006

DEFRA 3

S.I. 2006/1002 Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006

DEFRA 3

S.I. 2006/1014 Constitutional Reform Act 2005 (Commencement No. 5) Order 2006

DCA 3

S.I. 2006/1172 Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006

DEFRA 3

S.I. 2006/1176 Natural Environment and Rural Communities Act 2006 (Commencement No.1) Order 2006

DEFRA 3

13 Formerly ODPM


30th Report of Session 2005-06 (HC 35-xxx, HL Paper212)

S.I. 2005/3432 Lebanon and Syria (United Nations Measures) Order 2005 HMT 3

S.I. 2006/1257 Measuring Instruments (Automatic Catchweighers) Regulations 2006

DTI 1

S.I. 2006/1260 Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006

DH 3,2

31st Report of Session 2005-06 (HC 35-xxxi, HL Paper216)

S.I. 2006/1197 Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006

DEFRA 1

S.I. 2006/1268 Measuring Instruments (Cold-water Meters) Regulations 2006

DTI 1

S.I. 2006/1270 Measuring Instruments (Non-Prescribed Instruments) Regulations 2006

DTI 1

S.I. 2006/1379 Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006

DEFRA 6

S.R. 2006/215 Planning (National Security Directions and Appointed Representatives) Rules (Northern Ireland) 2006

DCA 1

32nd Report of Session 2005-06 (HC 35-xxxii, HL Paper220)

S.I. 2006/1468 Protection of Wrecks (Designation) (England) (No. 5) Order 2006

DCMS 3

S.I. 2006/1470 Protection of Wrecks (Designation) (England) (No. 6) Order 2006

DCMS 3

33rd Report of Session 2005-06 (HC 35-xxxiii, HL Paper225)

S.I. 2006/1497 Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006

HO 6

S.I. 2006/1498 Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006

HO 3

S.I. 2006/1499 Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2006

DEFRA 6

34th Report of Session 2005-06 (HC 35-xxxiv, HL Paper235)

S.I. 2006/1503 Home Information Pack Regulations 2006 DCLG 1

S.I. 2006/1509 Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2006

DCLG 3


35th Report of Session 2005-06 (HC 35-xxxv, HL Paper253)

S.I. 2006/1542 Civil Courts (Amendment) Order 2006 DCA 3

36th Report of Session 2005-06 (HC 35-xxix, HL Paper207)

S.I. 2006/1693 Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006

DCA 4

S.I. 2006/1696 Export Control (Security and Para-military Goods) Order 2006

DTI 1

S.R. 2006/285 Planning (National Security Directions and Appointed Representatives) (Amendment) Rules (Northern Ireland) 2006

DCA 6

37th Report of Session 2005-06 (HC 35-xxxvii, HL Paper266)

S.I. 2006/1721 Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006

DfES 3

S.I. 2006/1788 Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006

MOD 2

S.I. 2006/1975 Registered Designs Rules 2006 DTI 2

S.I. 2006/2183 Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

DfT 2

S.I. 2006/2231 Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2006

DTI 1

S.I. 2006/2381 Education (Nutritional Standards for School Lunches) (England) Regulations 2006

DfES 2

S.I. 2006/2390 National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006

DH 1

S.R. 2006/268 Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006

NIO 6


Instruments reported during 2006: Session 2006-07 Action taken

1st Report of Session 2006-07 (HC 82-i, HL Paper 5)

S.I. 2006/1839 Local Justice Areas (No. 1) Order 2006 DCA 5

S.I. 2006/1912 Consular Fees (Amendment) Order 2006 FCO 1

S.I. 2006/1923 United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2006

FCO 1

S.I. 2006/1998 Motor Vehicles (Tests) (Amendment) Regulations 2006 DfT 1

S.I. 2006/2013 Blood Safety and Quality (Amendment) Regulations 2006

DH 2

S.I. 2006/2084 National Health Service (Complaints) Amendment Regulations 2006

DH 2

S.I. 2006/2138 Crime and Disorder Act 1998 (Intervention Orders) Order 2006

HO 2

S.I. 2006/2185 Olympic Delivery Authority (Planning Functions) Order 2006

DCLG 3

S.I. 2006/2186 London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2006

DCLG 3

2nd Report of Session 2006-07 (HC 82-ii, HL Paper 9)


3rd Report of Session 2006-07 (HC 82-iii, HL Paper12)

S.I. 2006/1846 Export of Radioactive Sources (Control) Order 2006 DTI 2

S.I. 2006/2315 Local Justice Areas (No. 2) Order 2006 DCA 5

S.I. 2006/2788 Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2006

DCA 6

S.R. 2006/425 Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006

HO (NI) 2

4th Report of Session 2006-07 (HC 82-iv, HL Paper18)

S.I. 2006/2647 Measuring Instruments (Gas Meters) Regulations 2006 DTI 5

S.I. 2006/2916 Dangerous Substances and Preparations (Safety) Regulations 2006

DTI 1,5


Annex 4: Departmental Returns

Notes

i) This annex contains the responses from each Department where the special attention of Parliament had been drawn to at least one instrument in 2006 or on instruments reported in 2005 and before where action by the Department was outstanding as at 1 April 2006.

ii) Where the instruments for which a Department is responsible are limited to those reported in 2006, there is only one table for the Department. Where there are instruments reported in any previous year, the table for the Department is split into instruments reported before 2006 (starting from the earliest) and those reported in 2006.

iii) All the information relates to the position as at 1 April 2007.

Key to listing of instruments

Normal print indicates that in the Committee’s view no further action is called for

Bold print indicates that in the Committee’s view, further action is required

Bold italics print indicates that in the Committee’s view, further action is required, but the Department disagrees.


List of Tables

Table 1 — Department of Communities and Local Government (formerly Office of the Deputy Prime Minister): instruments reported, 2006 .............................................................24

Table 2A — Department for Constitutional Affairs : instruments outstanding from 2005 and earlier.26 Table 2B — Department for Constitutional Affairs: instruments reported, 2006 ....................................28 Table 3A — Department for Culture, Media and Sports: instruments outstanding from 2005

and earlier.......................................................................................................................................30 Table 3B — Department for Culture, Media and Sports: instruments reported, 2006 ............................31 Table 4A — Department for Education and Skills: instruments outstanding from 2005 and earlier ....32 Table 4B — Department for Education and Skills: instruments reported, 2006.......................................36 Table 5A — Department for Environment, Food and Rural Affairs: instruments outstanding

from 2005 and earlier....................................................................................................................38 Table 5B — Department for Environment, Food and Rural Affairs: instruments reported, 2006.........45 Table 6A — Department of Health: instruments outstanding from 2005 and earlier ..............................47 Table 6B — Department of Health: instruments reported, 2006 ................................................................51 Table 7A — Department of Trade and Industry: instruments outstanding from 2005 and earlier........53 Table 7B — Department of Trade and Industry: instruments reported, 2006 ..........................................58 Table 8A — Department for Transport: instruments outstanding from 2005 and earlier ......................61 Table 8B — Department for Transport: instruments reported, 2006.........................................................65 Table 9A — Department for Work and Pensions: instruments outstanding from 2005 and earlier......67 Table 9B — Department for Work and Pensions: instruments reported, 2006 ........................................70 Table 10A — Food Standards Agency: instruments outstanding from 2005 and earlier ...........................72 Table 10B — Food Standards Agency: instruments reported, 2006..............................................................75 Table 11 — Foreign and Commonwealth Office: instruments reported, 2006.........................................76 Table 12A — HM Treasury: instruments outstanding from 2005 and earlier .............................................77 Table 12B — HM Treasury: instruments reported, 2006 ...............................................................................78 Table 13A — Home Office: instruments outstanding from 2005 and earlier ..............................................79 Table 13B — Home Office: instruments reported, 2006.................................................................................81 Table 14 — Home Office (Northern Ireland): instruments reported, 2006 ..............................................82 Table 15A — HM Revenue & Customs (previously Inland Revenue): instruments outstanding

from 2005 and earlier....................................................................................................................83 Table 15B — HM Revenue & Customs (previously Inland Revenue): instruments reported, 2006 ........84 Table 16A — Ministry of Defence: instruments outstanding from 2005 and earlier..................................85 Table 15B — Ministry of Defence: instruments reported, 2006 ....................................................................87 Table 16 — Northern Ireland Office: instruments outstanding from 2005 and earlier...........................88 Table 17 — Northern Ireland Court Service: instruments outstanding from 2005 and earlier .............92 Table 18 — Privy Council Office: instruments outstanding from 2005 and earlier.................................93

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Table 1 — Department of Communities and Local Government (formerly Office of the Deputy Prime Minister): instruments reported, 2006 Total number of instruments reported: 6 (of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.

JCSI Report Instrument title Ground for reporting Response and date of action Observations

2006

2005-06

16th Housing Renewal Grants (Amendment) (England) Regulations 2005 (S.I. 2005/3323)

Defective drafting Awaiting opportunity to amend. The Department intends to make further Regulations, which will include amendments to deal with the defective drafting, by the end of 2007.

27th Residential Property Tribunal (Fees) (England) Regulations 2006 (S.I. 2006/830)

Defective drafting: (a) Regulation 2 (b) Regulation 3(1)(a)(iii) and (v) and fourth and fifth indents in second paragraph of Explanatory Note

(a) No action necessary (b) Awaiting opportunity to amend

(a) The defective drafting applied the Regulations retrospectively to a period which has now passed. There were no adverse consequences as a result. (b) The Department intends to make amendments to deal with the defective drafting next time the fees are amended by further Regulations.

34th Home Information Pack Regulations 2006 (S.I. 2006/1503)

Defective drafting: (a) The absence of an express temporary exception from the obligation to include energy performance certificates or predicted ones in home information packs. (b) Regulation 9(k) (c) Schedule 4, paragraph 1(1)(a)

Committee's comments incorporated in succeeding instrument made on 23rd March 2007 and coming into force on 1st June 2007

Amending instrument issued: The Home Information Pack Regulations 2007 (S.I. 2007/992)

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34th Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2006 (S.I. 2006/1509)

Unjustified breach of 21-day rule

No action necessary This was an inadvertent breach of the rule for which the Department apologised in its memorandum to the JCSI. The accidentally premature coming into force date had no adverse consequences for authorities affected.

2006-07

1st Olympic Delivery Authority (Planning Functions) Order 2006 (S.I. 2006/2185)

Explanatory Note requires elucidation

The Explanatory Note of the Order was amended in February 2007 on the OPSI website to provide the required elucidation.

The Department has arranged for the annual edition of Statutory Instruments to include the amendments in due course.

1st London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2006 (S.I. 2006/2186)

Explanatory Note requires elucidation

The Explanatory Note of the Order was amended in February 2007 on the OPSI website to provide the required elucidation.

The Department has arranged for the annual edition of Statutory Instruments to include the amendments in due course.

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Table 2A — Department for Constitutional Affairs : instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 2003: 3 (of which action on 3 remained outstanding on 1 April 2007) 2005: 2 (of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.

JCSI Report Instrument title Ground for reporting Observation(s) in earlier Return(s) [year] Observations

2003

2002–03

25th

Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1266)

(a) Defective drafting (b) Failure to comply with proper drafting practice

(a) Awaiting opportunity to amend. The National Assembly for Wales is aiming to correct these Rules by the end of 2004. [2004] (b) No action necessary. [2004] The NAW is currently drafting amending Rules. It is hoped that these will be in place shortly. [2005] A final draft of the amendment Rules is expected from the NAW in the next few weeks. [2006]

The National Assembly for Wales are looking to lay amendment rules as soon as practicable.

25th

Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1267)

(a) Defective drafting (b) Failure to comply with proper drafting practice

(a) Awaiting opportunity to amend. The National Assembly for Wales is aiming to correct these Rules by the end of 2004. [2004] (b) No action necessary. [2004] The NAW is currently drafting amending Rules. It is hoped that these will be in place shortly. [2005] A final draft of the amendment Rules is expected from the NAW in the next few weeks. [2006]

The National Assembly for Wales are looking to lay amendment rules as soon as practicable

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25th Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1269)

Defective drafting The National Assembly for Wales is aiming to correct these Rules by the end of 2004. [2004] The NAW is currently drafting amending Rules. It is hoped that these will be in place shortly. [2005] A final draft of the amendment Rules is expected from the NAW in the next few weeks. [2006]

The National Assembly for Wales are looking to lay amendment rules as soon as practicable.

2004 - NIL

2005

2004-05

14th Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656)

Defective drafting We are expecting to bring rule 76.29(2)(b) to the attention of the Civil Procedure Rule Committee at their meeting in May. [2006]

We intend to bring rule 76.29(2)(b) to the attention of the Civil Procedure Rule Committee at one of their monthly meetings this year.

2005-06

9th Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 (S.I. 2005/2115)

Defective drafting No opportunity to amend rules 13 and 21(6) has arisen yet because no amending rules have yet been brought forward. [2006] The Department for Communities and Local Government are awaiting an opportunity to amend.

The Department for Communities and Local Government anticipate that an opportunity to amend the Rules will arise in April 2008 as will a number of changes to various inquiries procedure rules.

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Table 2B — Department for Constitutional Affairs: instruments reported, 2006 Total number of instruments reported: 11 (of which action on 3 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

19th Register of Judgments, Orders and Fines Regulations 2005 (S.I. 2005/3595)

(a) Unjustified delay in notifying the Speaker of the House of Commons and the Lord Chancellor that certain provisions in the instrument came into force before it was laid before Parliament; (b) Unjustified breach of the 21-day rule.

No action necessary. (a) and (b) arose due to acknowledged Departmental error, but do not affect the validity of the Regulations.

20th Cremation (Amendment) Regulations 2006 (S.I. 2006/92)

Regulation 3: failure to comply with proper drafting practice

No action necessary. It is clear from the footnote to regulation 3 which instrument was being amended.

25th Judicial Discipline (Prescribed Procedures) Regulations 2006 (S.I. 2006/676)

Regulation 25(6): defective drafting

Accepted by Department in memo dated 2 May 2006.

A review of the regulations is starting at the end of April which will result in amendments to them. The opportunity will be taken to review regulation 25.

29th Civil Partnership Act 2004 (Commencement No. 3) Order 2006 (S.I. 2006/639)

Unjustifiable delay in supplying copies of the Order to the Committee.

No action necessary This was a one-off default.

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29th Lands Tribunal

(Amendment) Rules 2006 (S.I. 2006/880)


No action necessary. Due to personnel changes within Parliamentary Branch an oversight had occurred.

29th Constitutional Reform Act 2005 (Commencement No. 5) Order 2006 (S.I. 2006/1014)


No action necessary. Procedural error.

31st Planning (National Security Directions and Appointed Representatives) Rules (Northern Ireland) 2006 (S.R. 2006/215)

Rule 2(1): defective drafting Amending instrument issued The Planning (National Security and Appointed Representatives) (Amendment) Rules (Northern Ireland) 2006 (SR 2006/285) were made on 28.6.06 and came into force on 24.7.06

35th Civil Courts (Amendment) Order 2006 (S.I. 2006/1542)

Does not conform to proper legislative practice

No action necessary Noted in respect of any further instruments in the same series

36th Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006 (S.I. 2006/1693)

Doubtful vires No action necessary. The Order has now ceased to have effect.

2006-07

1st Local Justice Areas (No. 1) Order 2006 (S.I. 2006/1839)

Defective drafting Accepted by the Department in memo dated 30 October 2006.

As indicated in the memo, the Department felt it was unnecessary to amend the orders, but the Department will reconsider whether to amend this order when any new order amending local justice areas is drafted.

3rd Local Justice Areas (No. 2) Order 2006 (S.I. 2006/2315)

(a) Preamble fails to comply with Statutory Instrument Practice (b) Defective drafting

Accepted by the Department in memo dated 30 November 2006. A correction slip was issued in relation to one defective drafting issue.

No action was required by the Committee, but in accordance with what is said about 2006/1839 the Department will consider whether to amend this order when any new order amending local justice areas is drafted.

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Table 3A — Department for Culture, Media and Sports: instruments outstanding from 2005 and earlier Total number of instruments outstanding from 2005: 1 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2005

2004-05

9th Licensing Act 2003 (Transitional provisions) Order 2005 (S.I. 2005/40)

Doubtful vires. An EM was provided by DCMS on 7 February and duly published. No further action required for department. [2006]

The Department has considered the Committee’s view as set out in paragraph 2.5 of the Ninth Report of Session 2004-5. It understands the Committee’s point of view but maintains that the argument in favour of article 5 being intra vires is sufficiently strong not to require any amendment. It is also of the view that an amendment at this stage would serve no useful purpose. The Department’s reasons for this conclusion are set out in its memorandum to the Committee dated 25th April 2007.

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Table 3B — Department for Culture, Media and Sports: instruments reported, 2006 Total number of instruments reported: 2 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.

JCSI Report Instrument title Ground for reporting Response and Date of Action Observations

2006

2005-06

32nd Protection of Wrecks (Designation) (England) (No. 5) Order 2006 (S.I. 2006/1468)

Failure to comply with Statutory Instrument Practice.

The Department accepted, in an EM to JCSI dated 27 June 2006, they were in breach of para 3.4.11 of SIP.

The Department, working with the Stationery Office, have ensured that all known recipients of the replacement instruments were reimbursed or issued with a free copy of the relevant replacement instrument, and the relevant headnotes will appear in any future reprint.

32nd Protection of Wrecks (Designation) (England) (No. 6) Order 2006 (S.I. 2006/1470)


The Department accepted, in an EM to JCSI dated 27 June 2006, they were in breach of para 3.4.11 of SIP.

The Department, working with the Stationery Office, have ensured that all known recipients of the replacement instruments were reimbursed or issued with a free copy of the relevant replacement instrument, and the relevant headnotes will appear in any future reprint.

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Table 4A — Department for Education and Skills: instruments outstanding from 2005 and earlier Total number of instruments outstanding: from: 1999: 1 (of which action on 1 remained outstanding on 1 April 2007) 2000: 1 (of which action on 1 remained outstanding on 1 April 2007) 2001: 1 (of which action on 1 remained outstanding on 1 April 2007) 2002: 1 (of which action on 1 remained outstanding on 1 April 2007) 2005: 5 (of which action on 4 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1999

1998-1999

8th Education (School Premises) Regulations 1999 (S.I. 1999/2)

26(1): defective drafting Awaiting opportunity to amend. [2000, 2001, 2002] No suitable opportunity to amend has arisen. [2003, 2004] Position unchanged. [2005] No suitable opportunity to amend has arisen. As there is no likelihood of the regulations being amended otherwise, we are looking at producing a free-standing amending set. [2006]

Following the last return preparation of a free-standing amendment to correct the wrong minor cross-reference was commenced but the original regulations applied to England and Wales. Following the National Assembly of Wales (Transfer of Functions) Order (1999/672) the Secretary of State's power to make these regulations is now restricted to England only. The Department considers that regulations which correct the minor error only in relation to England would be more confusing than leaving the error (which does not affect the operation of the regulations).

2000

1999–2000

31st Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (England) Regulations 2000 (S.I. 2000/2121)

1(3); 2(2); 9(1); 9(2); 10(4); 11(2); 11: defective drafting

Awaiting opportunity to amend. [2001, 2002] No suitable opportunity to amend has arisen. [2003, 2004] Position unchanged. [2005] Awaiting opportunity to amend/act on comments and will try to do so within the return year. [2006]

These Regulations now have effect as if made under sections 93 to 95 of the Education Act 2002, and it may be appropriate to replace them when further restructuring work is done on the National Curriculum. The next restructuring is due to take place between 2008 and 2010, although an opportunity may arise earlier

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2001

2000–01

14th Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001 (S.I. 2001/782)

4(2)(c) and 6(1)(iii): defective drafting

Awaiting opportunity for a possible amendment. [2002, 2003] No suitable opportunity to amend has arisen. [2004] Revoked by S.I. 2003/507. Committee queried approach between these two S.I.s. Department to look at this point when S.I. is next amended, but no immediate plans to amend at this time. [2005] Awaiting opportunity to amend/act on comments. Currently there are no changes needed to the Regulations other than the comment made by the JCSI but as soon as other amendments to the Regulations become necessary, the Department will make an amendment to address their point. [2006]

The Department intends to replace these regulations with new regulations, as a consequence of changes to the enabling powers which are expected to be made by the Further and Education and Training Bill, currently before Parliament. The new regulations, if made, will address the point made by the Joint Committee.

2002

2001–02

25th Education (QCA Levy) Regulation 2002 (S.I. 2002/435)

6: unnecessarily complex and obscure drafting

Awaiting opportunity to amend. No suitable opportunity to amend has arisen. [2003, 2004] These regulations are under consideration as to whether they should be retained. [2005] These regulations may be revoked in the near future.[2006]

The Department does not plan to amend the Regulations purely to address the drafting of regulation 6, which is legally correct and meets policy requirements. However, should any amendments to the Regulations become necessary, we will examine the drafting of regulation 6 and consider whether it can be simplified.

2003; 2004 – NIL

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2005-06

6th School Governance (Contracts) (England) Regulations 2005 (S.I. 2005/1508)

Unexpected use of enabling power

It is not thought sensible to amend at this time. [2006]

The Regulations are operating satisfactorily but will be reviewed later this year.

8th Day Care and Child Minding (National Standards) (Amendment) (England) Regulations 2005 (S.I. 2005/2303)

Regulation 3: defective drafting These regulations will be revoked as a result of the changes currently taking place in the Childcare Bill [2006]

The Childcare Bill is now the Childcare Act 2006. The power under which the Regulations were made will cease to have effect in relation to England from September 2008

9th Education (School Inspection) (England) Regulations 2005 (S.I. 2005/2038)

Defective drafting – requires elucidation

The Department refers to its memorandum, published in the 9th Report of the Committee for 2004/5. The Department re-iterates its memorandum at Appendix 1 of the Committee’s 9th Report to the effect that the intention of Regulation 8 in conjunction with sections 14 and 16 of the Education Act 2005 are to enable a school to charge for a copy of a report (other than one supplied in accordance with its statutory obligation to provide a copy free of charge to registered parents) where it considers it reasonable, for example, multiple copies of the report. The regulations did not seek to prescribe cases as there may be situations where it is more burdensome administratively and financially on a school to make enquiries to determine whether a fee is payable than simply to supply a copy of the report free of charge. The Department respectfully submits that the situation is not analogous to those mentioned in

The Department presently intends to make minor amending regulations on school inspections, to come into force on 1 September 2007, the date on which it is hoped to bring section 154 of the Education and Inspection Act 2006 into force. This will require inspection of a school’s contribution to community cohesion, and will require amendment of the Education (Investigation of Parents’ Complaints) (England) Regulations 2007 (S.I. 2007/1089). This will provide an opportunity to amend S.I. 2005/2038 to make this clearer.

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regulations 5, 6, 7, 9 & 11 of the Committee’s report as these all refer to prescribed periods of time. However, the Department accepts that the difficulty is caused by the wording of the enabling power in sections 14(4)(b) and 16(3)(b) which provides for the prescription of cases rather than the discretion of the appropriate authority in determining when a fee is payable. Accordingly the Department will amend regulation 8 so as to prescribe all cases in which it is anticipated a school will be able to make a charge when the next opportunity arises. [2006]

9th The Children And Young People’s Plan (England) Regulations (S.I. 2005/2149)

Regulation 4(2)(a): requires elucidation

The Department is planning to amend these regulations and will include a suitable amendment to take account of the JCSI’s concern when it does so. [2006]

Amending instrument made in January 2007 (The Children and Young People’s Plan (England) (Amendment) Regulations 2007 (SI 2007/57)

11th Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836)

Article 1(2): defective drafting The Order will cease to have effect in November 2007, so the Department does not propose to amend the Order to rectify the defective drafting in article 1(2) (which does not affect the operation of the Order). [2006]

This Order ceases to have effect in November 2007.

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Table 4B — Department for Education and Skills: instruments reported, 2006 Total number of instruments reported: 6 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

15th Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005 (S.I. 2005/3222)


The Department does not propose to amend these Regulations having followed the definitions used in the Directive as closely as possible in order to ensure the Directive was fully implemented. This was also consistent with the approach taken in a number of transposing Statutory Instruments. It did not affect the operation of the Regulations and was not in conflict with the definition of “person”.

24th Education (Fees and Awards) (Amendment) Regulations 2006 (S.I. 2006/483)

Regulation 4: defective drafting

SI 2006/483 has been revoked.

SI 2006/483 amended the Education (Fees and Awards) Regulations 1997 (SI 1997/1972). The 1997 Regulations have been consolidated by SI 2007/779, which comes into force on 1st September 2007.

25th Education (Budget Statements) (England) Regulations 2006 (S.I. 2006/511)

Defective drafting These related to the financial year 2006/07 and the Department took into account the Joint Committee's helpful remarks when making regulations for 2007/08

27th Education (Information as to Provision of Education) (England) (Amendment) Regulations 2006 (S.I. 2006/1033)

Failure to comply with proper drafting practice

A correction slip was issued to correct this error.

37th Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721)

Defective drafting; unjustified breach of 21-day rule

No action necessary. The Department refers to its memorandum dated 24 October 2006, published in the 37th report of the JCSI Report for 2005-6. The Department; accepted and apologised for both the defective drafting (which

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related to an omission in the italicised commencement date, but not the Regulations themselves) and the inadvertent breach of the 21 day rule and noted that both these errors affected only the Department and the Disability Rights Commission.

37th Education (Nutritional Standards for School Lunches) (England) Regulations 2006 (S.I. 2006/2381)

Regulation 6(1): requires elucidation

The Regulations are to be revoked and replaced by new ones this year.

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Table 5A — Department for Environment, Food and Rural Affairs: instruments outstanding from 2005 and earlier Total number of instruments outstanding: from: 1997: 1 (of which action on 1 remained outstanding on 1 April 2007) 2000: 1 (of which action on 1 remained outstanding on 1 April 2007) 2001: 1 (of which action on 1 remained outstanding on 1 April 2007) 2002: 2 (of which action on 0 remained outstanding on 1 April 2007) 2003: 1 (of which action on 1 remained outstanding on 1 April 2007) 2004: 4 (of which action on 4 remained outstanding on 1 April 2007) 2005: 7 (of which action on 3 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1997

1997–98

13th Fish Health Regulations 1997 (S.I. 1997/1881)

Regulations 11(1) and 15(1): defective drafting.

It is expected that the Regulations will require updating and amendment within the next 18 months as part of the regular programme to implement fish health decisions [1998] The Regulations need to be amended to implement an amendment to the Fish Health Directive (Council Directive 91/67/EEC). Detailed implementing rules are, however, still awaited from the Commission. Once these are agreed we can proceed with amendment of the Regulations. [1999] The 1997 Regulations are to be amended within the next six months for another purpose and the necessary amendments will be made then. [2000] No action has been taken so far. Contrary to expectation, it has not been necessary to amend the Regulations since they were made. However, the department plans to consult upon large scale amendments to the Regulations within the next few months. If, as is probable, at

Awaiting opportunity to amend. These Regulations will be revoked and replaced in 2008 as part of the implementation of Directive 2006/88/EC on animal health requirements for aquaculture animals and products.

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least some of these amendments go ahead, the Department will take this opportunity to rectify the defects identified by the Committee. [2001/2/3] Fish Health Regulations to be amended during the course of 2004 and previous JCSI comments to be taken into account at this time. [2004] The Fish Health Regulations are in the process of being updated. Instructions for amendments have been received and amendments are currently being prepared. It is intended that these will be made in the course of 2005 and JCSI’s previous comments taken into account. [2005] Awaiting opportunity to amend. It is expected that new Regulations will be made later this year. [2006]

1998; 1999 - NIL

2000

1999-2000

32nd Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2000 (S.I. 2002/2301)

Regulation 2(3): defective drafting.

Awaiting opportunity to amend. The amending Regulations have been drafted and it is hoped to have them in place before the end of July 2001. [2001] The Department regrets that the amendment has not yet been made, and undertakes to bring forward an amendment shortly. [2002/3] The Department regrets that an amendment has not yet been made. A consolidation of these Regulations is now planned, which will include the necessary amendment; and, subject to the procedural preconditions in section 39 of the Water Industry Act 1991, as shortly to be amended by section 41 of the Water

Awaiting opportunity to amend. The Department regrets that an amendment has not yet been made. The functions of the Director General of Water Services were transferred to the Water Services Regulation Authority on 1st April 2006. The Authority has now carried out research in accordance with sections 39(1)(A) and 96(1)(A) of the Water Industry Act (c.56). Following this research, it made an application under those sections for the Secretary of State to make the appropriate amendment. The Department is therefore now in a position to prepare a consolidation of these Regulations which will include the required amendment. It is

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Act 2003, it is proposed that this will be brought forward as soon as possible.[2004] A draft of consolidating Regulations which will correct the defect has been prepared, but cannot be made until an application has been received from the Director General of Water Supply under sections 39(1)(a) and 96(1)(a) of the Water Industry Act 1991 (c.56). Before making such an application, the Director General is required by sections 39(1A) and 96(1A) to carry out research to discover the views of a representative sample of persons likely to be affected, and the application must summarise the results of the research (sections 39(2) and 96(2)). [2005] Awaiting opportunity to amend. The Department regrets that an amendment has not yet been made. As mentioned in the response for 2005, a draft of consolidating Regulations has been prepared but cannot be made until an application has been received from the Director General of Water Supply. Before making such an application, the Director General must carry out research to discover the views of a representative sample of persons likely to be affected. The office of the Director General (“Ofwat”) has completed its initial consultation and analysed the responses. Following further discussions with the industry, it is envisaged that the consolidating Regulations will come into force in April 2007. [2006]

expected that the Regulations will be made with a view to commencement by 1st April 2008.

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2001

2001-02

2nd Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 (S.I. 2001/1117)


Awaiting opportunity to amend – amendment likely to be made in 2004.[2002] Regulations being generally reviewed – timing for further Regulations not fixed but Committee’s comments will be taken in then. [2003] Timing for further Regulations not fixed but Committee’s comments will be taken in then. [2004] It is intended that amending Regulations will be made by the end of October 2005. [2005] Awaiting opportunity to amend. It is expected that amending Regulations will be made in 2007. [2006]

Awaiting opportunity to amend. It is expected that amending Regulations will be made in 2008.

2002

2001-02

17th Environmental Impact Assessment (Uncultivated Land and Semi Natural Areas) (England) Regulations 2001 (S.I. 2001/3966)


Awaiting opportunity to amend. Policy review under way: expecting to amend Regulations in autumn 2003. [2003]: Awaiting opportunity to amend. Review delayed pending final decisions on CAP reform implementation. [2004] An amending instrument is being prepared which will correct this defect. SI expected to be made in summer 2005. [2005] Awaiting opportunity to amend. Consultation on the policy ended March 2006. It is expected that an amendment will be made before the end of 2006. [2006]

Regulation 10 has been revoked. The 2001 Regulations were revoked by the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 S.I. 2006/2522.

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27th Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 (S.I. 2002/528)


Awaiting opportunity to amend.[2003, 2004] Regulations including a provision to deal with the point are in the process of being prepared. They are intended to come into force towards the end of 2005. [2005] Awaiting opportunity to amend. It is intended that the Regulations will be made by summer 2006. [2006]

The amendment has been made in the Ozone Depleting Substances (Qualifications) Regulations 2006 (S.I. 2006/1510) which came into force on 4th July 2006.

2003

2002–03

29th Disease Control (England) Order 2003 (S.I. 2003/1729)

Articles 2, 14(3) and 20(1): defective drafting

Awaiting opportunity to amend. This Order is intended to be amended in Autumn 2004 (following consultation); these defects will be amended at that time. [2004] The amendment planned for autumn 2004 which was intended to incorporate the identified corrections has not been made but is being progressed in conjunction with associated amendments relating to the identification and movement of livestock, and is intended to be introduced early in 2006. [2005] Awaiting opportunity to amend. It is intended that this will be done by spring 2007. [2006]

Awaiting opportunity to amend. The Department plans to amend this Order in the spring of 2008. The delay is due to the independent review of Livestock Movement Controls that took place in 2006 which made 21 recommendations.

2004

2003-04

5th

African Swine Fever (England) Order 2003 (SI 2003/2913)

Defective drafting; failure to implement a provision in the relevant Directive; doubtful vires.

Awaiting opportunity to act on comments. The Department plans to replace the instrument this year, the current intention being to make the new SI under the European Communities Act 1972. [2005]

Awaiting opportunity to amend. The Department has needed to prioritise other more urgent disease risk work. It aims to amend the legislation in 2008/9.

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The planned revision of this legislation has been put back, the Department having prioritised other more urgent disease risk policy areas which require legislation. [2006]

33rd Genetically Modified Organisms (Traceability and Labelling) (England) Regulations (SI 2004/2412)

Defective drafting Amendment will be made at first available opportunity. [2005] Awaiting opportunity to amend. [2006]

Awaiting opportunity to amend.

33rd

Plant Health (Phytophthora Ramorum) (England) Order 2004 (SI 2004/2590)

Defective drafting It is expected that the amendments will be made in the summer of 2005. [2005] Awaiting opportunity to amend. It is anticipated that an opportunity will arise before the end of 2006. [2006]

Awaiting opportunity to amend. The timetable is being dictated by amendments to EU legislation, which were finally agreed in January 2007. It is anticipated that an opportunity will arise before the end of 2007.

33rd Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004 (SI 2004/2692)

Defective drafting Amendment will be made at first available opportunity. [2005] Awaiting opportunity to amend. [2006]


2005

2004-05

6th Anglian Regional Flood Defence Committee (Abolition) Order 2004 (S.I. 2004/3163)

a) Article 7: defective drafting b) Article 8: defective drafting

No action necessary. The Department considers that neither defect was such as to give rise to doubt as to the effect of the Order. [2006]

No action necessary. No further observation.

11th South-west Territorial Waters (Prohibition of Pair Trawling) (Amendment) Order 2005 (S.I. 2005/49)


The Department is arranging credit notes to be sent out to those known to have purchased the amending Order. The exercise is to be completed before the summer recess. [2006]

This exercise has been completed.

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2nd Sea Fishing (Restriction on Days at Sea Order) 2005 (S.I. 2005/393)

Article 10: failure to implement properly the relevant provision of the Council Regulation and for defective drafting

This Order is due to be revoked by summer 2006. The replacement Order will act on the Committee’s comments. [2006]

Awaiting opportunity to amend. An amendment to these Regulations which will address the Committee’s comments is planned for 2007.

4th Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894)

Defective drafting Awaiting opportunity to amend. The Department plans to address this as part of a wider revision of the instrument. Consultation on these changes is intended later this year. [2006]

Awaiting opportunity to amend. The consultation planned for the end of 2006 has been delayed and the new expected date for making the amending instrument is now late 2007/early 2008.

6th Registration of Fish Buyers and Sellers and Designation of Fish Auctions Sites Regulations 2005 (S.I. 2005/1605)

Regulation 1(3) and (4): defective drafting

Awaiting opportunity to amend. A review of the system is to be undertaken in 2006, with amendments to follow. [2006]

Awaiting opportunity to amend. The Regulations will be reviewed during 2007 with the aim of making necessary amendments in 2008.

9th Plant Health (Forestry) Order 2005 (S.I. 2005/2517)

Defective drafting It is expected that an amendment will be made in summer 2006. [2006]

The amendment was made in the Plant Health (England) (Amendment) Order 2006 (S.I. 2006/2307) which came into force on 1st October 2006.

9th Plant Health (England) Order 2005 (S.I. 2005/2530)

Defective drafting It is expected that an amendment will be made in summer 2006. [2006]

The amendment was made in The Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696) which came into force on 6th November 2006.

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Table 5B — Department for Environment, Food and Rural Affairs: instruments reported, 2006 Total number of instruments reported: 11(of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

19th Transmissible Spongiform Encephalopathies Regulations 2006 (S.I. 2006/68)

Schedule 5: defective drafting Schedule 5 has been revoked. The 2006 Regulations were revoked by the Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006 S.I. 2006/1228.

25th Water Resources (Abstraction and Impounding) Regulations 2006 (S.I. 2006/641)


Awaiting opportunity to amend. It is expected that an amendment will be made to come into force by 1st October 2007.

25th Gangmasters (Licensing Conditions) Rules 2006 (S.I. 2006/660)

Defective drafting of Schedule a) Paragraph 18: b) Paragraphs 23 and 24

Paragraphs 18, 23 and 24 have been revoked.

The 2006 Rules were revoked by the Gangmasters (Licensing Conditions) (No.2) Rules 2006 S.I. 2006/2373.

25th Controls on Dogs (Non-application to Designated Land) Order 2006 (S.I. 2006/779)

Defective drafting No action necessary The Department does not agree with the Committee’s views and therefore does not propose to take any further action.

29th Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006 (S.I. 2006/795)

Unjustifiable delay in supplying copies to the Committee, that those copies when received were incomplete, and that it does not comply with Statutory Instrument Practice

Procedures have been put in place to prevent problems relating to the supply of complete copies of the S.I. arising again. On the third point, no action necessary.

Since the note as to earlier commencement orders does not form part of the instrument, no further action has been taken.

29th Environment Act 1995 (Commencement No. 23) (England and Wales) Order 2006 (S.I. 2006/934)

Unjustifiable delay in supplying copies to the Committee.

No action necessary. Procedures have been put in place to prevent this issue arising again.

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29th Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006 (S.I. 2006/984)

Unjustifiable delay in supplying copies to the Committee, and that those copies when received were incomplete


29th Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006 (S.I. 2006/1002)

Unjustifiable delay in supplying copies to the Committee


29th Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006 (S.I. 2006/1172)



29th Natural Environment and Rural Communities Act 2006 (Commencement No.1) Order 2006 (S.I. 2006/1176)



31st Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006 (S.I. 2006/1197)

Defective drafting Amending instrument issued. The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 (S.I. 2006/2702) revokes and replaces the Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006 (S.I. 2006/1197)

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Table 6A — Department of Health: instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 1999: 1 (of which action on 0 remained outstanding on 1 April 2007) 2003: 2 (of which action on 1 remained outstanding on 1 April 2007) 2004: 1 (of which action on 0 remained outstanding on 1 April 2007) 2005: 3 (of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1999

1998–99

17th

Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999 (S.I. 1999/786)

Regulation 11(3): Defective drafting

The Regulations are currently being redrafted to match changes in the Social Security Recovery of Benefits Appeal Tribunal, where appeals are to be heard [2000]. The Regulations are still in the course of preparation, but are expected shortly to be finalised. [2001] Delayed to accommodate amendments to related regulations (the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991). Intended to be finalised shortly. [2002] Their final form is dependent on the passage through Parliament of the Injury Costs Recovery provisions in the current Health Bill. [2003] The proposed amendment of these Regulations has been delayed during the Parliamentary consideration of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). Section 169 of that Act provides that the Road Traffic (NHS Charges) Act 1999 (c.3) shall cease to have effect as will these Regulations in consequence. However, since it is not now anticipated that section 169 will come into effect until 2005 the Department

Amendment made by regulation 10 of the Personal Injuries (NHS Charges)(Reviews and Appeals) and Road Traffic (NHS Charges)(Reviews and Appeals) (Amendment) Regulations 2006 (SI 2006/3398) which was made on 12th December 2006 and came into force on 29th January 2007.

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proposes now to amend regulation 11(3) in June 2004 to remedy the defective drafting. [2004] The Department regrets that this matter has not been resolved. The plans in relation to these Regulations have changed slightly over the period since the last report but it is proposed to make substantial changes to the scheme next year. As the provision in question does not affect the operation of a party's rights in the interim, the Department proposes to make the amendments then, but if a suitable opportunity arises before that point, the Department would propose to amend the provision at that stage. [2005] The current road traffic (NHS charges) scheme is to be replaced in relation to future incidents by the new personal injury (NHS charges) scheme under the Health and Social Care (Community Health and Standards) Act 2003 (c.43). The new scheme is expected to come into operation in October this year, and the Department expects to make the necessary amendments to S.I. 1999/786 at that time. As previously indicated, the provision in question does not affect the operation of a party's rights in the interim. [2006]

2000; 2001; 2002 - NIL

2003

2002–03

12th Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 (S.I. 2002/3041)

Doubt as to whether regulations adequately implement the relevant Directive

Awaiting opportunity to amend. The Department considers that, pending amendment, the present wording will in practice prohibit the sale of non-compliant tobacco products.[2004] It is proposed to amend the Regulations


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in line with the Committee's Report at the first suitable opportunity. The Department notes that it has frequent contact with trading standards departments (the enforcement authorities for the Regulations) but it has not received any report that indicates that there has in fact been any sale of non-compliant tobacco products. [2005, 2006]

29th Care Homes (Amendment No. 2) Regulations 2003 (S.I. 2003/1703)

Defective drafting Awaiting opportunity to amend. [2004] Still awaiting a suitable opportunity to amend the Regulations. [2005] The reported provision is expected to be amended in regulations which the Department intends to lay in May or June 2006 (the Care Standards (Miscellaneous Amendments) Regulations 2006. [2006]

This defect was addressed in the amendments made to regulation 5A of the Care Homes Regulations 2001 and the insertion of a new regulation 5B into those Regulations by regulation 2(4) and (5) of the Care Standards Act 2000 (Establishments and Agencies)(Miscellaneous Amendments) Regulations 2006 (SI 2006/1493) made on 6th June 2006 and coming into force on 1st September 2006.

2004

2003–04

19th Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031)

Defective drafting Awaiting opportunity to amend. The Department proposes to consult on various amendments to the 2004 Regulations later this year. It is proposed that the amendments necessary to deal with the JCSI comments will be included in the subsequent instrument. [2005] The Department has consulted on further amendments to the 2004 Regulations and proposes to include the other necessary amendments identified by the JCSI in an instrument to be made before the summer recess. [2006]

The necessary amendments to correct the defects were included in the Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (SI 2006/1928). This S.I. was made on 13th July 2006 and came into force on 29th August 2006.

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2005-06

2nd National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 (S.I. 2005/480)

a) Regulations 10(8)(d) and 13(4):defective drafting b) unexpected use of enabling power.

Regulations to amend these Regulations in the light of the JCSI’s Report are in draft. However, the draft, as is usual, also includes other amendments to these regulations and to the National Health Service (General Ophthalmic Services) Regulations 1986, which have been delayed by unexpected difficulties. They are expected to be laid and made in 2006/07, probably in the first quarter. [2006]

a) In respect of regulations 10(8)(d) and 13(4) these are corrected respectively by regulation 4(3)(c) and (4) of the Contact Lens (Specification) and Miscellaneous Amendments Regulations 2005 (S.I. 2005/1481) which was made on 6th June 2005 and came into force on the 30th June 2005. b) -

3rd Road Traffic (NHS Charges) Amendment Regulations 2005 (S.I. 2005/475)


The error will be corrected on the next occasion the Regulations are amended. The Regulations have recently been amended but the Department regrets that it did not make use of the opportunity to make the correction on that occasion. The Department therefore confirms that the error will be put right on the next occasion the Regulations are amended. [2006]

Amendment made by regulation 12 of the Personal Injuries (NHS Charges)(General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006 (SI 2006/3388) which was made on 12th December 2006 and came into force on 29th January 2007.

3rd National Health Service (Pharmaceutical Services) Regulations 2005 (S.I. 2005/641)

a) defective drafting b) Regulations 48(4), 50(4) and 51(3):defective drafting

a) and b), amendments to the Pharmaceutical Services Regulations are currently being drafted, which will address the concerns raised in the Committee’s Report. It is hoped to have the Amending Regulations in place this Summer. [2006]

a) – b) In respect of regulation 48(4), 50(4) and 51(3), these are corrected respectively by regulation 31(b), regulation 32(b) and regulation 33(b) of the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2006 (S.I. 2006/3373). This S.I. was made on 13th December 2006 and came into force on 19th January 2007.

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Table 6B — Department of Health: instruments reported, 2006 Total number of instruments reported: 6 (of which action on 3 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

23rd Public Benefit Corporation (Register of Members) Amendment Regulations 2006 (S.I. 2006/361)


The Department has taken the steps outlined in its memorandum to the JCSI to require The Stationery Office to refund the purchase price to known purchasers of amending instrument S.I. 2006/361. The Department can confirm that copies of the amending instrument S.I. 2006/361 continue to be provided free of charge.

The instrument has not yet been reprinted as demand is negligible. However, The Stationery Office has confirmed that it will insert the headnote on the next occasion it is printed.

25th National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (S.I. 2006/552)


Amending instrument issued. In respect of the issue raised by the Committee this is corrected by regulation 2(3)(b) of SI 2006/3373 which inserts a definition of ‘notice’ and ‘notify’ into regulation 2(1). This S.I. was made on 13th December 2006 and came into force on 19th January 2007.

30th Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260)

Defective drafting : (a) Regulations 1(2), 4 and 5 and Schedules 1 and 2 (b) Regulation 3(4)(b)(i) and (iii)

(a) Committee’s comments noted. (b) Awaiting opportunity to amend.

(a) Although in the event no difficulties have arisen in practice to the knowledge of the Department in relation to this particular instrument, the Department will take the Committee’s comments and suggestions very carefully into account should it be necessary to include a cross-reference between two or more sets of regulations in similar circumstances in the future.

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(b) The Department has not yet had the opportunity to amend regulation 3(4)(b)(i) and (ii) and intends to do so at the first convenient opportunity.

37th National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 (S.I. 2006/2390)


Committee’s comments incorporated in succeeding instrument.

This instrument was replaced by an instrument made in accordance with statutory instrument practice – the National Health Service (Clinical Negligence Scheme) Amendment (No. 2) Regulations 2006 (SI 2006/3087) made on 20th November 2006 and coming into force on 22nd November 2006.

2006-07

1st Blood Safety and Quality (Amendment) Regulations 2006 (S.I. 2006/2013)

Regulation 9(1)(f): defective drafting

Awaiting opportunity to amend/act on comments.

Due to an oversight, the Department did not include the necessary amendment in the regulations increasing fees for April 2007 (SI 2007/604). However the necessary amendment will be included in the next amendment to the regulations; at the latest in the instrument to increase the fees with effect from 1st April 2008.

1st National Health Service (Complaints) Amendment Regulations 2006 (S.I. 2006/2084)

Regulation 9(d): defective drafting

Awaiting opportunity to amend/act on comments.

Awaiting opportunity to amend. The Department’s White Paper – Our Health, Our Care, Our Say – issued in January 2006 included a commitment to develop a single complaints process across health and social care by 2009. The Department intends to pick up this drafting point in regulations made in response to that commitment.

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Table 7A — Department of Trade and Industry: instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 1999: 1 (of which action on 0 remained outstanding on 1 April 2007) 2002: 2 (of which action on 2 remained outstanding on 1 April 2007) 2003: 3 (of which action on 3 remained outstanding on 1 April 2007) 2004: 2 (of which action on 0 remained outstanding on 1 April 2007) 2005: 3 (of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1999

1998–99

13th Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations (S.I. 1999/360)

Regulations 12(2)(a) and 16(2): defective drafting

Date for amending instrument not known. [2000] The amendment of the reported regulations has not yet been undertaken. The Department does not propose making another set of Regulations to correct a cross reference. As and when an amending instrument is required the necessary corrective provision will be incorporated. [2001/2] The need for an amending instrument has yet to arise. [2003] The Department is still awaiting an opportunity to amend. [2004] In the Department’s return for the calendar year 2001, it indicated that it did not propose to make further regulations to correct a cross-reference, but instead undertook to incorporate a correction into an amending instrument “as and when” one was required. At that stage, we were still awaiting an opportunity to amend the instrument. We are now engaged in the implementation of the Directive 2003/35/EC (the “Public Participation

Amending Regulations dealing with the errors highlighted by the JCSI have now been made and laid and came into force on 16th April 2007. SI 2007 No. 933 : The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 made on 19th March 2007.

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Directive”) which makes various amendments to Directive 1985/337/EEC (the EIA Directive). In consequence, we need to amend the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999. We are fully aware of the commitment the Department has made to correct defective cross-references in S.I. 1999/360 and recognise that such commitment must be carried out in the context of our amendments to that instrument pursuant to the Public Participation Directive. [2005] We have now prepared an amended draft of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 which will also implement the relevant parts of Directive 2003/35/EC (the “Public Participation Directive”). We intend to go out to consultation on the amended Regulations shortly. [2006]

2000; 2001 - NIL

2002

2001–02

30th Personal Protective Equipment Regulations 2002 (S.I. 2002/1144)

16(2): Failure to comply with proper legislative practice 20(1): Defective drafting

Awaiting opportunity to amend [2003] Still awaiting opportunity to amend. Date for amending instrument not known.[ 2004, 2005, 2006]

Still awaiting opportunity to amend. Date for amending instrument not known. A review of the Personal Protective Equipment Directive (89/686/EEC) has been put on hold until the outcome of the current review of the New Approach to technical harmonisation and standardisation. It is anticipated that the outcome of these reviews will necessitate either revocation of or amendment to these Regulations.

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33rd Pressure Equipment (Amendment) Regulations 2002 (S.I. 2002/1267)

2(4)(a): Defective drafting Awaiting opportunity to amend [2003] Still awaiting opportunity to amend. Date for amending instrument not known. [2004, 2005, 2006]

Still awaiting opportunity to amend. Date for amending instrument not known. However, an opportunity to amend may be forthcoming as a result of changes to the Directive which these Regulations implement which are currently under discussion at EU level.

2003

2002–03

6th Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 (S.I. 2002/2821)

Reg 8(1) contains unnecessary referential legislation

Awaiting opportunity to amend. The Department will insert definitions into the Regulations if and when it is considered necessary for any reason to amend or replace the Regulations in the future. [2004, 2005] As 2005. To date it has not been necessary to amend these regulations for any other reason. [2006]

As 2006. Awaiting opportunity to amend.

9th Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045)

Defective drafting We maintain that the meaning of the sections concerned is clear. As the Committee has noted only the correct interpretation would work in practice. Nevertheless, if a suitable opportunity arises we will attempt to improve the drafting of the relevant sections. [2004, 2005, 2006]

As 2006. Awaiting opportunity to amend.

32nd Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (S.I. 2003/2553)

Regulation 5(1) and (3): defective drafting

Awaiting opportunity to amend Date for amending instrument not known. [2004, 2005] Date for amending instrument not yet known [2006]

Awaiting opportunity to amend. The likely date may be 1st October 2007. The Department is intending to consult on another amendment to the Regulations. Depending on the timing and the results of that consultation, the amendments to Regulation 5(1) and 5(3) will be made as part of any amending Regulations.

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2004

2003-04

20th Electronic Commerce (EC Directive) (Extension) Regulations 2004 (S.I. 2004/1178)

Unnecessarily obscure drafting Awaiting opportunity to amend. Date for amending instrument not known. [2005]

Having reviewed the relevant report of the committee, the department notes its view that a further amendment would not be worthwhile and accordingly no further action is required.

20th Packaging (Essential Requirements) (Amendment) Regulations 2004 (S.I. 2004/1188)

Defective drafting Awaiting opportunity to amend. Date for amending instrument not known. [2005]

The Department is not minded to take further action. The Department considers that the error is not likely to raise doubt regarding the intended effect of the instrument. These are amending Regulations and it is unlikely a further opportunity will arise to amend them until a consolidation is necessary.

2005

2004-05

12th End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (S.I. 2005/263)

Defective drafting

Awaiting opportunity to amend. The amendment will be combined with other amendments necessary as a result of two Commission Decisions which amend the Directive, but the precise date of amending instrument not known at present. [2006]

Still awaiting opportunity to amend. It is expected that the amending instrument will be made by July 2007.

2005-06

9th Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2005 (S.I. 2005/2464)

Explanatory note: failure to comply with Statutory Instrument Practice

Awaiting opportunity to amend. Date for amending instrument not known.

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10th Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005 (S.I. 2005/2748)

Defective drafting Awaiting opportunity to amend. It is intended that these Regulations will be revoked and replaced following the adoption of a further amending Decision, due to take place in the near future. [2006]

Regulations revoked and replaced (with the provision to which the Committee took exception removed) by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005 (S.I. 2006/1463). Amending instrument made on 25/05/06 and came into force on 01/07/06.

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Table 7B — Department of Trade and Industry: instruments reported, 2006 Total number of instruments reported: 10 (of which action on 4 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

22nd Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246)

Paragraph 8, Schedule 1: defective drafting

The Department accepts that, in their application to Northern Ireland, paragraph 8 of Schedule 1 should specify which of the three references to "the 1992 Act" in Regulation 2 it intends should be replaced by "the Industrial Relations (Northern Ireland) Order 1992". Consequent to the Committee raising the above question the Department has realised that there is a modification to the definition of “recognised” that was overlooked in this Schedule. The Department of Enterprise, Trade and Investment in Northern Ireland is presently preparing a set of Regulations to make provision in Northern Ireland corresponding to the provision made by these Regulations in Great Britain in relation to service provision changes. The Northern Ireland Department has agreed to exercise its powers under section 2(2) of the European Communities Act 1972 in the context of those Regulations to (a) clarify that the substitution referred to in the Committee’s letter only applies to the first reference to the 1992 Act; and (b) to provide for an appropriate modification in relation to the definition of “recognized” in regulation 2.

The Department accepted that, in their application to Northern Ireland, paragraph 8 of Schedule 1 of the TUPE Regulations should have specified which of the three references to "the 1992 Act" in Regulation 2 it intended should be replaced by "the Industrial Relations (Northern Ireland) Order 1992". Paragraph 8 of Schedule 1 to the Regulations applies only in Northern Ireland. The error was rectified by regulation 20(2) of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006 No.177) which came into force in Northern Ireland on 6th April 2006, the same day as the TUPE Regulations (as planned).

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These corrections will have effect in Northern Ireland, which is the only part of the United Kingdom to which paragraph 8 of Schedule 1 to the Regulations applies. The Northern Ireland Regulations in question are intended to be in force on 6th April 2006, simultaneously with these Regulations.

30th Measuring Instruments (Automatic Catchweighers) Regulations 2006 (S.I. 2006/1257)

Regulation 6(1)(a)(iv) and (v): defective drafting

Drafting corrected by the Measuring Instruments (Amendment) Regulations 2006 (S.I. 2006/2625), regulation 4. SI was made on 01/10/06 and came into force on 30/10/06.

31st Measuring Instruments (Cold-water Meters) Regulations 2006 (S.I. 2006/1268)

Paragraph 18, Schedule 1: defective drafting


31st Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (S.I. 2006/1270)

Schedule 1, paragraphs 22 and 32: defective drafting


36th Export Control (Security and Para-military Goods) Order 2006 (S.I. 2006/1696)

Article 11: defective drafting Drafting corrected by the Export Control (Amendment) Order 2006 (S.I. 2006/2271), article 5. SI was made on 19/08/06 and came into force on 23/08/06.

37th Registered Designs Rules 2006 (S.I. 2006/1975)

Rules 23(2)(a) and 45(2): defective drafting

Awaiting an opportunity to amend. These amendments will be combined with other amendments to the Rules which it is anticipated will be made in April 2008

37th Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2231)


The incorrect date of 31 November in regulation 2(2) was corrected by regulation 2 of the Cosmetic Products (Safety) (Amendment) (No3) Regulations 2006 (2006 No. 2907).

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2006-07

3rd Export of Radioactive Sources (Control) Order 2006 (S.I. 2006/1846)

Unexpected use of enabling power

Awaiting a convenient opportunity to amend. As a number of Orders with similar drafting are affected, our preference is to wait for legislation arising out of the forthcoming general review of export control legislation, consultation for which is due to begin this month.

4th Measuring Instruments (Gas Meters) Regulations 2006 (S.I. 2006/2647)

Defective drafting The Department does not consider any amendment to the Regulations is necessary However, in view of the concerns raised by the Committee, the Department has also raised with contacts at EC level, the question of whether a single definition of the classes of meters should be adopted. This does not to date appear to be a concern in other Member States. The Department has not received any request for guidance or observed any evidence of confusion from domestic stakeholders over classification of meters.

We consider that the provisions concerned do provide the definitions of the classes of meters which the Committee felt was lacking. The classes are defined by reference to a number of the provisions set out in Schedule 1 to the Regulations, which in turn reflect closely the provisions of the Measuring instruments Directive.

4th Dangerous Substances and Preparations (Safety) Regulations 2006 (S.I. 2006/2916)

Defective drafting: (a) regulation 1(2) (b) regulation 8(4)

The defect in regulation 1(2) was corrected by regulation 2(2) of the Dangerous Substances and Preparations (Safety) Regulations 2007 (2007 No. 386). As regards regulation 8(4) the Department remains of the view as expressed in its Explanatory Memorandum which accompanied the amending instrument (2007 No. 386) that regulation 8(4) implements its policy correctly.

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Table 8A — Department for Transport: instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 2003: 1 (of which action on 1 remained outstanding on 1 April 2007) 2004: 3 (of which action on 2 remained outstanding on 1 April 2007) 2005: 2 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2003

2002–03

16th Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 (S.I. 2003/37)

(a) Regulation 2(1); defective drafting (b) Doubtful vires.

(a) Regulation 2(1) will be amended at the earliest opportunity. The amendment to regulation 2(1) requires the revocation of an otiose definition. [2004] The Department is still awaiting a suitable opportunity to make the amendment. [2005] An amending instrument is expected to be made and laid later this year. [2006] (b) No action proposed as the Department is satisfied the vires are sufficiently robust. The Department has reached this view in relation to the effect of section 56 of the Finance Act 1973 in the light of the points made in its memoranda to the Committee on this instrument and in subsequent memoranda from other Government Departments on other instruments raising similar questions. As to the question of unlawful sub-delegation, the Department is of the view that the provision does not confer a power to legislate as mentioned in paragraph 1(1)(c) of Schedule 2 to the European Communities Act 1972, but rather an administrative discretion as to the

(a) The Department proposes that an instrument removing the otiose definition be made during 2007.

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charging of fees exercisable on a case by case basis.[2004, 2005, 2006]

2004

2003-04

8th Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003 (S.I. 2003/3122)

Regulation 2(2) and Schedules: defective drafting

Awaiting opportunity to amend. It is anticipated that the amending Regulations will go out to public consultation in mid May, with a view to their being made before the end of 2005. [2005] It is anticipated that the amending Regulations will be laid in July 2006. It had been hoped that the amending Regulations would have been laid before the end of 2005. However commitments in respect of the Disability Discrimination Act 2005 have had the regrettable consequence of delaying the implementation of the amending Regulations. [2006]

Amending instrument issued. The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) (Amendment) Regulations 2006 (S.I. 2006/1617) were laid 22 June 2006 and came into force 17 July 2006.

13th Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004 (S.I. 2004/242)

Regulation 6(1)(d) and (e) and regulation 6(4): defective drafting

No action necessary. These Regulations contained transitional provisions which were necessary for the commencement of provisions of the Private Hire Vehicles (London) Act 1998 being brought into force on 8th March 2004. No suitable opportunity for amendment has arisen since then, and the Regulations are now spent save for the resolution of outstanding cases involving temporary permits. It is anticipated that those outstanding cases will be resolved in the next 2 or 3 months through correspondence with the permit holders, without requiring amending legislation. For current licensing purposes the relevant provisions of the 1998 Act now apply. [2005]

On further reflection, the Department has decided to revoke these Regulations and is putting in hand the preparation of an instrument to this effect; the instrument is likely to be made before the end of 2007.

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No action necessary. At the end of March 2005 there were 3,115 temporary permits issued under these Regulations which had not yet ceased to have effect; there are now only 17. The outstanding 17 temporary permits were issued with respect to motorcycles and there are issues surrounding the licensing standards for motorcycles that Transport for London must resolve before such vehicles can be fully licensed under the 1998 Act. Save for the resolution of the 17 special cases that remain, these Regulations are now spent. [2006]

13th Merchant Shipping (High Speed Craft) Regulations 2004 (S.I. 2004/302)


Awaiting opportunity to amend. The JCSI considered that the defence in regulation 10(3) should only apply to offences under regulation 10(1) and not to offences under regulation 9. The Department proposes to amend regulation 10(3) at the next suitable opportunity to disapply regulation 9(1) and (2). However, the Department has concluded that the defence in regulation 10(3) could have practical application in situations caught by regulation 9(3) - for example, where it was reasonable in the circumstances intentionally to obstruct equipment. It does not therefore propose to disapply this regulation. [2005] Awaiting opportunity to amend regulation 10(3) at the next suitable opportunity to disapply regulation 9(1) and (2). [2006]

The Department plans to replace these Regulations in 2008 to give effect to new international provisions about high speed craft. The Department will ensure that the Committee’s concerns are addressed in the new Regulations, so far as the same issue arises.

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2005

2004-05

10th Transport for London (Consequential Provisions) Order 2005 (S.I. 2005/56)

Schedule 1: defective drafting

Preparation of an amending instrument will be put in hand; instrument likely to be made in 2006. [2006]

The Department proposes that an instrument to make the missed consequential amendment be made in 2007.

2005-06

10th Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005 (S.I. 2005/2693)

Explanatory note: defective drafting

Correction slip will be issued shortly. The Department is seeking to ensure that the explanatory note to this SI on the HMSO website and in the bound volume of SIs incorporate the correction. [2006]

A correction slip was issued in May 2006. The explanatory note to this SI on the OPSI website and in the bound volume of SIs now incorporates the correction.

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Table 8B — Department for Transport: instruments reported, 2006 Total number of instruments reported: 5 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

14th Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 (S.I. 2005/3165)

The provisions of SI 2005/3165 and SI 2005/3170 ought to have been contained in a single instrument

No action necessary. The Department has taken due note of this comment.

14th Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 (S.I. 2005/3170)

The provisions of SI 2005/3165 and SI 2005/3170 ought to have been contained in a single instrument

No action necessary. The Department has taken due note of this comment.

28th M6 Toll (Speed Limit) Regulations 2006 (S.I. 2006/1185)

Defective drafting of preamble

No action necessary. The Department has taken steps to ensure the words in question are not included in the preambles of other statutory instruments produced by it but it does not consider it necessary to re-make the present instrument.

37th Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (S.I. 2006/2183)

Regulation 6(1):defective drafting

Awaiting opportunity to amend Preparation of an amending instrument is in hand; the instrument is likely to be made before the end of 2007.

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2006-07

1st Motor Vehicles (Tests) (Amendment) Regulations 2006 (S.I. 2006/1998)


Amending instrument issued. The Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/1161) were laid on 4 April 2007 and will come into force on 7 May 2007.

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Table 9A — Department for Work and Pensions: instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 2001: 1 (of which action on 1 remained outstanding on 1 April 2007) 2003: 1 (of which action on 0 remained outstanding on 1 April 2007) 2005: 3 (of which action on 2 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2001

2001-02

3rd Biocidal Products Regulations 2001 (S.I. 2001/880)

(a) Regulation 8(5): defective drafting (b) Regulation 25(6): defective drafting

HSE is still considering whether, and if so how, it can meet the Committee’s concerns whilst fully implementing the relevant part of the Biocidal Products Directive (98/8) and enabling the implemented requirements to be enforced. It is unlikely that any amending instrument would be made before end of March 2003. [2002] HSE has still not determined whether, and if so how, it can meet the Committee’s concerns whilst fully implementing the relevant part of the Directive. [2003 ,2004, 2005] The Committee has corresponded with HSE on the issues and HSE is considering its suggestions as to how to resolve them. [2006]

HSE has been in discussions with the JCSI over the options available to amend this S.I. Of the two provisions reported by the JCSI, following correspondence it has agreed that there is no need to amend regulation 8(5) of 2001/880 and no further action needs to be taken. (b) In relation to regulation 25(6) of the Regulations there is ongoing correspondence- last letter HSE to JCSI dated 5/12/2006.

2002 - NIL

2003

2002–03

18th Social Security (Credits) Amendment Regulations 2003 (S.I. 2003/521)

Regulation 2(2)(a): Defective drafting

Awaiting opportunity to amend. Further amending regulations, which will also remove the unnecessary words, are being prepared and will be made later this year. [2004]

The Social Security (Pensions Consequential and Miscellaneous Amendments) Regulations 2007 contain a provision correcting the provision reported by the JCSI and are expected to come into force on

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The defective drafting will be amended by Regulations which will be made later this year. [2005] Changes to primary legislation dealing with sentencing resulted in the amending regulations being held back in 2005. The amending regulations have now been drafted and will be made in 2006. [2006]

2nd July 2007.

2004 – NIL

2005

2005-06

1st Pension Protection Fund (Hybrid Schemes) (Modification) Regulations (S.I. 2005/449)

Elucidation Awaiting opportunity to amend. The Department considers that, pending amendment, the present wording will allow the Hybrid schemes modifications to the Pensions Act 2004 to apply in practice. [2006]

The Department has noted the Committee’s comments in relation to paragraph 31A(4)(e) of Schedule 7 to the Pensions Act 2004 (inserted by regulation 3(4)). Based on the Committee’s comments all similar definitions of “reference banks” includes a footnote for elucidation (see for example- reg 1(2) of 2006/580).

4th Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082)

Defective drafting: (a) Regulation 2(1) (b) Regulation 9(2) (c) Schedule 5, paragraph 22

(a) and (b) Awaiting opportunity to amend. The opportunity to amend is likely to be later this year or in 2007. [2006] (c) No action considered necessary. The provision concerned is an amending provision and it is not considered necessary to amend it; the Department’s undertaking to correct errors did not extend to it. [2006]

The amending provisions have been drafted and it is intended that the instrument to make the amendments will be made by 6th April 2008.

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13th Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061)

Regulation 5: unexpected use of enabling power.

No remedial action required. As it said in paragraph 9 of its Memorandum to the JCSI, the Department will be amending the Regulations in the light of the judgment in Francis given on 10 November 2005 (after the Regulations had been made and laid before Parliament). The Department is considering what changes to make to the Regulations given the various circumstances in which residence orders are granted and associated policy considerations. In the meantime, guidance has been given to Decision Makers on how to deal with claims from people in the same circumstances as Ms Francis (paragraph 6 of the memorandum to the JCSI). [2006]

In view of the Francis judgment the Regulations are being amended. The reformulation of the Regulations needs careful consideration because of the various circumstances in which, and different periods for which, residence orders are granted. The Regulations need to be worded to avoid double payments which could occur in some cases. We expect to be able to make the amending Regulations by the summer. In the meantime guidance has been given to Decision Makers on how to deal with claims from people in the same circumstances as Ms Francis.

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Table 9B — Department for Work and Pensions: instruments reported, 2006 Total number of instruments reported: 5 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

22nd Housing Benefit Regulations 2006 (S.I. 2006/213)

Defective drafting: (a) Regulation 1(3) (b) Regulation 122(2)

No action necessary In respect of regulation 1(3) of this instrument and regulation 122(2) these provisions relate to commencement and it is not possible to amend. However the Department has noted the Committee’s comments.

22nd Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214)

Defective drafting: (a) Regulation 1(3) (b) Regulation 103(2)

No action necessary In respect of regulation 1(3) of this instrument and regulation 103(2) these provisions relate to commencement and it is not possible to amend. However the Department has noted the Committee’s comments.

22nd Council Tax Benefit Regulations 2006 (S.I. 2006/215)


No action necessary In respect of regulation 1(3) of this regulation this provision relates to commencement and it is not possible to amend. However the Department has noted the Committee’s comments.

22nd Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216)


No action necessary In respect of regulation 1(3) of this instrument this provision relates to commencement and it is not possible to amend. However the Department has noted the Committee’s comments.

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25th Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 (S.I. 2006/714)


No action necessary The Department does not intend to amend the provisions reported. Remedial Action: In respect of regulation 1(1) the Department has noted the Committee’s comments but as this provision relates to commencement it is not possible to amend.

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Table 10A — Food Standards Agency: instruments outstanding from 2005 and earlier Total number of instruments outstanding from; 2002: 1 (of which action on 0 remained outstanding on 1 April 2007) 2003: 1 (of which action on 0 remained outstanding on 1 April 2007) 2005: 2 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2002

2001-02

24th Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002 (S.I. 2002/333)

Regulation 6: defective drafting

Awaiting opportunity to amend. [2003] Still awaiting an opportunity to amend. [2004, 2005] Opportunity to amend S.I. 2002/333 has now arisen and an amendment to correct defect is likely to be made during the course of 2006 in relation to England. Corresponding amendment will be made in relation to Wales by the NAW. [2006]

Regulation 6 of S.I. 2002/333 was corrected in relation to England on 31.12.2006 by S.I. 2006/3116 and in relation to Wales on 25.1.2007 by S.I. 2007/116 (W.7).

2003

2002–03

30th Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003 (S.I. 2003/2074)

Regulation 6, paragraphs 2 and 3: defective drafting

Awaiting opportunity to amend Opportunity to amend overlooked in S.I. 2004/1265 (Food (Emergency Control) (England) (Miscellaneous Amendments) Regulations 2004). [2004] Still awaiting an opportunity to amend. [2005] S.I. 2003/2074 is expected to be revoked shortly in the light of anticipated Community legislation. [2006]

S.I. 2003/2074 was revoked on 1.10.2006 by S.I. 2006/2289.

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2004 - NIL

2005

2005-06

4th Materials and Articles in Contact with Food (England) Regulations 2005 (S.I. 2005/898)

Defective drafting S.I. 2005/898 will be amended shortly, and the defect will be corrected. [2006]

The defect in regulation 10(2) of S.I. 2005/898 was rectified on 30.6.2006 by S.I. 2006/1401.

13th Bovine Products (Restriction on Placing on the Market) (England) (No.2) Regulations 2005 (S.I. 2005/3068)

a) Regulation 3: defective drafting –early amendment recommended b) 5(4)(b) : defective drafting

(a) Regulation 3 of S.I. 2005/3068 The prohibition in regulation 3 replaced the “over thirty month rule”, under which meat derived from bovine animals aged over 30 months at slaughter could not be sold for human consumption. The transition to the new rule has gone smoothly and there has been no indication from the industry or enforcement bodies that they are concerned that regulation 3 might apply to milk products. Given that stakeholders are still coming to terms with the new statutory regime governing the placing on the market of products from older bovines, the Agency considers that it would be unhelpful to accept the Committee’s recommendation unless evidence of confusion as to the scope of regulation 3 arose. Regulation 3 of S.I. 2005/2719 and Regulation 3 of S.I. 2005/3068. S.I. 2005/2719 came into force on 7.11.2005. Because of changes in Community food law, S.I. 2005/2719 was revoked and replaced by S.I. 2005/3068 on 1.1.2006, which was laid before Parliament on 9.11.2005, two days after S.I. 2005/2719 came into force.

There is no evidence of confusion as to the scope of regulation 3 of S.I. 2005/3068 and it remains in its original form. In view of the significance of the fact that the prohibition in regulation 3 replaced the “over thirty month rule”, the matter has been monitored very closely and the matter will be kept under review. No suitable opportunity has arisen to correct regulation 5(4)(b), but it is anticipated that the defect will be corrected by an instrument expected to come into force on 1.1.2008.

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Regulation 3 of S.I. 2005/3068 is in identical terms to regulation 3 of S.I. 2005/2719. The Committee asked for a memorandum on regulation 3 of S.I. 2005/2719 at its meeting on 9.11.2005 and published its report on that provision on 28.11.2005. At its meeting on 30.11.2005, the Committee noted that regulation 3 of S.I. 2005/3068 was in the same terms as regulation 3 of S.I. 2005/2917 and asked if the Agency had anything to add to its earlier explanation. The Agency submitted a memorandum in response to that question. In its report on regulation 3 of S.I. 2005/2719 the Committee said that regulation 3 should be corrected without delay. However, following further correspondence and the Agency’s memorandum on regulation 3 of S.I. 2005/3068, the Committee modified its view and said that it recommended its early amendment. [2006] (b) Regulation 5(4)(b) This will be corrected at the first opportunity. [2006]

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Table 10B — Food Standards Agency: instruments reported, 2006 Total number of instruments reported: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

28th Ceramic Articles in Contact with Food (England) Regulations 2006 (S.I. 2006/1179)

The preamble and its footnotes fail to comply with Statutory Instrument Practice. Paragraph 1(5), Schedule 3: defective drafting

The DTI accepted in its response to the Committee that the preamble and its footnotes failed to comply with the relevant requirements of Statutory Instrument Practice. However the Department’s understanding is that it is not possible to amend the preamble and footnotes retrospectively. As regards paragraph 1(5) of Schedule 3, as the DTI explained in its memorandum to the Committee, the responsibility for this legislation now lies with the Food Standards Agency. The Agency has advised the Department that it is currently working on new regulations in respect of materials and articles in contact with food. It proposes to use these to amend paragraph 1(5) of Schedule 3. Food Standards Agency is awaiting opportunity to amend.

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Table 11 — Foreign and Commonwealth Office: instruments reported, 2006 Total number of instruments reported: 2 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2006-07

1st Consular Fees (Amendment) Order 2006 (S.I. 2006/1912)

Requires elucidation Committee’s comments incorporated in succeeding instrument

The Consular Fees Order 2007 (SI 2007/649) Made on 6 March 2007 - Coming into Force on 1 April 2007

1st United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2006 (S.I. 2006/1923)

Article 3: defective drafting Amending instrument issued The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) (No. 2) Order 2006 (SI 2006/3326) Made on 14 December 2007 - Laid on 21 December 2007- Coming into force on 21 January 2007

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Table 12A — HM Treasury: instruments outstanding from 2005 and earlier Total number of instruments outstanding from 2005: 3 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2005

2004-05

12th Financial Services and Markets Act 2000 (Service of Notices) (Amendment) Regulations 2005 (S.I. 2005/274)

Explanatory Note: defective drafting.

No action taken. We considered that publication of a correction was not required in this case. [2006]

The explanatory note on OPSI’s website has been amended to reflect the wording indicated by the Committee.

2005-06

6th Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2005 (S.I. 2005/1518)

Defective drafting. An amendment will be made when the RAO is next amended. An amending instrument is planned for the second or third quarter of 2006. [2006]

Amending instrument issued, see article 22 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2006 (S.I. 2006/2383) made on 12th September 2006.

7th Insurers (Reorganising and Winding Up) (Lloyd’s) Regulations 2005 (S.I. 2005/1998)

Regulations 8(7),13(5), 16(5) and 31(4)(b): defective drafting

Further regulations are planned to provide for further details in respect of procedures in relation to SI 2005/1998. These regulations will also amend SI 2005/1998 to correct the defective drafting identified by the Committee. Date for further regulations not yet known, but likely to be by the end of 2006. [2006]

Amending instrument issued, see regulation 3 of the Insurers (Reorganisation and Winding Up) (Amendment) Regulations 2007 (S.I. 2007/851) made on 14th March 2007.

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Table 12B — HM Treasury: instruments reported, 2006 Total number of instruments reported: 2 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

29th Transfer of Functions (Office of Her Majesty’s Paymaster General) Order 2006 (S.I. 2006/607)

Unjustifiable delay in supplying copies to the Committee.

No action necessary The Treasury apologises for the inadvertently late supplying of copies of this instrument to the Committee. Steps have been taken to prevent a recurrence.

30th Lebanon and Syria (United Nations Measures) Order 2005 (S.I. 2005/3432)


No action necessary The Treasury apologises for the inadvertently late supplying of copies of this instrument to the Committee. Steps have been taken to prevent a recurrence.

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Table 13A — Home Office: instruments outstanding from 2005 and earlier Total number of instruments outstanding from; 2001: 1 (of which action on 0 remained outstanding on 1 April 2007) 2004: 2 (of which action on 1 remained outstanding on 1 April 2007) 2005: 2 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2001

2000–01

14th Local Probation Boards (Miscellaneous Provisions) Regulations 2001 (S.I. 2001/786)


Awaiting opportunity to amend [2002/3] Expected to be superseded by new legislation next year [2004] Expected to be superseded by (postponed) new legislation next year. [2005] Will be superseded by legislation likely to be introduced later this year once that legislation has been fully implemented. [2006]

The Regulations have been amended by the Local Probation Boards (Miscellaneous Provisions)(Amendment) Regulations 2007 (S.I. 2007/`1335).

2002; 2003 - NIL

2004

2003-04

16th Police (Complaints and Misconduct) Regulations 2004 (S.1.2004/643)

Defective drafting Awaiting an opportunity to amend. [2005] Statutory consultation on amending Regulations currently taking place. [2006] Committee’s comments incorporated in succeeding instrument

Defective drafting was amended by Police (Complaints and Misconduct) (Amendment) Regulations 2006 (S.I. 2006/1406) with effect from 22 June 2006

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16th Police (Conduct) Regulations 2004 (S.I. 2004/645)

Defective drafting Awaiting an opportunity to amend. [2005, 2006, 2007]

Regulations to be revoked and replaced by new Regulations. It is hoped these will be made in 2008 after changes are made in to the enabling powers in primary legislation. That legislation has not yet been introduced.

2005

2004-05

12th Police (Promotion) (Amendment) Regulations 2005 (S.I. 2005/178)

Regulation 5: defective drafting.

Statutory consultation on amending regulations currently taking place. [2006]Amending instrument issued.

Regulation 5 (7) and (9) of S.I. 2005/178 (which inserted paragraph 5(1A) and (3A) into Schedule 1 to the Police (Promotion) Regulations 1996) included references to “in that year” which were found to be unnecessary and confusing. Regulation 2 of the Police (Promotion) (Amendment) Regulations 2006 (SI 2006/1442) removed those references with effect from 1 July 2006.

2005-06

6th Serious Organised Crime and Police Act 2005 (Commencement No. 1, Transitional and Transitory Provisions) Order 2005 (S.I. 2005/1521)

Articles 3(1)(p), 3(5) and 4(2): doubtful vires

Awaiting outcome of an appeal to the Court of Appeal about these provisions. [2006]

The Divisional Court’s decision which cast doubt on these provisions was reversed by the Court of Appeal last year

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Table 13B — Home Office: instruments reported, 2006 Total number of instruments reported: 3 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

16th Firearms (Amendment) Rules 2005 (S.I. 2005/3344)

Failure to comply with Statutory Instrument Practice

No action necessary This instrument corrected an error in an earlier instrument. In making this instrument, the Department overlooked the requirement to arrange for copies to be made available free of charge to all known recipients of the earlier instrument. However, the Department has supplied this instrument free of charge to all police forces and to many shooting organisations. The Department has indicated that it is willing to provide copies of the instrument free of charge to purchasers of the earlier instrument.

33rd Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006 (S.I. 2006/1498)

Purporting to have retrospective effect

No action required The criticism related to an unintended retrospective effect of a provision in a Commencement Order. No remedial action possible because the commencement provision now relates to matters in the past.

2006-07

1st Crime and Disorder Act 1998 (Intervention Orders) Order 2006 (S.I. 2006/2138)

Ambulatory provision in article 4(a): doubtful vires.

Awaiting opportunity to amend The Department hopes to make an amending instrument shortly to remove the ambulatory provision.

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Table 14 — Home Office (Northern Ireland): instruments reported, 2006 Total number of instruments reported: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2006-07

3rd Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425)

(a) Regulation 11(5)(b): defective drafting (b) Unexpected exercise of enabling power

Awaiting opportunity to amend It is intended to address the reported defects at the earliest opportunity, and work is already underway in relation to the relevant policy. There will then need to be a consultation exercise, and with this timing in view, it is the intention to make the amending Regulations later this year.

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Table 15A — HM Revenue & Customs (previously Inland Revenue): instruments outstanding from 2005 and earlier Total number of instruments outstanding from 2003: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2003

2002-03

19th Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492)

Regulation 20: unnecessarily obscure drafting

Although the drafting of the provision was obscure, and a saving provision may have been an alternative, it is not thought that it would have been any clearer. The provision in any event affects a diminishing group.[2004] None [2005] No action will be taken. [2006]

The Commissioners note the Committee’s repeated call for remedial action, but must beg to differ. They still feel unable to accept that understanding would be improved were the suggested alternative adopted. Given also that the number of persons affected by the provision continues to diminish since its enactment, the Commissioners do not propose to take any action.

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Table 15B — HM Revenue & Customs (previously Inland Revenue): instruments reported, 2006 Total number of instruments reported: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

16th Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005 (S.I. 2005/3320)

Failure to comply with proper drafting practice

We did say at the time that we proposed to amend the Regulations as soon as a suitable opportunity arises

There has been no suitable opportunity to amend the Regulations although the Commissioners will continue to seek to identify such an opportunity. The Commissioners do not believe, whilst regrettable, their is any urgent need to rectify the inconsistencies identified by the Committee as it does not affect the substance of the Regulations.

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Table 16A — Ministry of Defence: instruments outstanding from 2005 and earlier Total number of instruments outstanding from 1997: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1997

1997–98

3rd Reserve Forces Appeals Tribunal Rules 1997 (S.I.1997/798)

Rule 28(1): Limited use of powers.

The Department has been unable to review how the Rules work in practice as no appeals have been made. Call-out has to date been strictly limited to volunteers whose employers had clearly signified assent. Until call-out is widespread and compulsory, we believe that appeals will be infrequent. [1998] The Department has been unable to review how the Rules work in practice as no appeal to the Reserve Forces Appeals Tribunal has yet been made. [1999] Because of the very limited number of appeals, the Department has still not been able to review how the Rules work in practice. [2000] Because of the limited number of appeals (one to date), the Department has still not been able to review how the Rules work in practice. [2001] As [2001]. However, reviewing the rules will be undertaken in the light of cases brought during Op TELIC.[2002/3] Because of the limited number of appeals (22 heard up to 21 May 2004), MOD has not been able to review how the Rules work in practice. However, MOD intends to re-examine the issue Rules in the light of experience from Op

As stated in our Memorandum to the Committee dated 12 June 1997 we have examined the RFAT Rules, since the introduction of which some 20,000 Reservists have been mobilised and 142 appeals registered. In none of the 112 cases withdrawn subsequently have costs been awarded where the appellant decided not to proceed after receiving notice of the details of the hearing, of which there have been 27 to date. For these reasons, the Department sees no reason to extend SI1997/798 in the manner suggested by the Committee in its note of 6 June 1997.

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TELIC.[2004] Because of the limited number of appeals (22) heard up to May 2004 and none since, MOD has not been able to review how the Rules work in practice. Only one case involved Rule 28. On this basis, we believe that the issue of costs does not act as a deterrent to those seeking redress by way of application to RFAT. [2005] As stated in our Memorandum to the Committee dated 12 June 1997 we have examined the Rules, since which some 15,000 Reservists have been mobilised and 131 appeals registered. In none of the 109 cases withdrawn subsequently have costs been awarded where the appellant decided not to proceed after receiving notice of the details of the hearing, of which there have been 22 to date. For these reasons, the Department sees no reason to extend SI1997/798 in the manner suggested by the Committee in its note of 6 June 1997. [2006]

1999; 2000; 2001; 2002; 2003; 2004; 2005 - NIL

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Table 15B — Ministry of Defence: instruments reported, 2006 Total number of instruments reported: 4 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2006

2005-06

14th Civil Partnership (Armed Forces) Order 2005 (S.I. 2005/3188)

Article 7(1): unsatisfactory drafting

No action necessary The Department accepts the Committee’s comment which has been noted for future drafting.

19th Armed Forces Redundancy Scheme Order 2006 (S.I. 2006/55)

Article 3(1): defective drafting Amending instrument issued The Armed Forces Pension Scheme Etc (Amendment) Order 2006. SI 2006/717. Laid on 15 March 2006

25th Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (S.I. 2006/606)

Paragraph 1(8), Schedule 3: defective drafting

Amending instrument issued The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions (Amendment)(No2)Order 2006 SI 2006/1455. Laid on 19 June 2006

37th Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788)

Does not conform to proper legislative practice

Awaiting opportunity to act on comments

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Table 16 — Northern Ireland Office: instruments outstanding from 2005 and earlier Total number of instruments outstanding from: 1997: 2 (of which action on 2 remained outstanding on 1 April 2007) 2001: 1 (of which action on 1 remained outstanding on 1 April 2007) 2002: 2 (of which action on 1 remained outstanding on 1 April 2007) 2004: 1 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


1997

1997–98

17th Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997/469)

Schedule 3, para 1(1), 7 and 8: defective drafting

Date for amending instrument not known. [1998] Date for amending instrument not yet known (these regulations follow the model of earlier regulations for England and Wales. [1999] Amending regulations for NI will follow as soon as practicable after the making of regulations for England and Wales, currently planned for Autumn 2000. [2000] Still awaiting England and Wales Regulations [2001/2/3] Amending regulations for Northern Ireland will be made as soon as possible after the making of regulations for England and Wales. Still awaiting England and Wales Regulations [2004] Still awaiting England and Wales Regulations. [2005] Amending regulations will be made which include corrections to the defects identified as soon as possible following the making of parallel regulations for England and Wales. [2006]

Previous returns have referred to the fact that the Northern Ireland Regulations follow the pattern of those for England and Wales. Drafting is now underway on a set of Regulations intended for 2008 which among other things will address the defects identified by the Committee. (It seems likely that the Northern Ireland instrument will be laid before the Northern Ireland Assembly).

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17th Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997 (S.R. 1997/470)

Schedule 3, para 1(1), 7 and 8: defective drafting

Date for amending instrument not known. [1998] Date for amending instrument not yet known (these regulations follow the model of earlier regulations for England and Wales. [1999] Amending regulations for NI will follow as soon as practicable after the making of regulations for England and Wales, currently planned for Autumn 2000. [2000] Still awaiting England and Wales Regulations [2001/2/3] Amending regulations for Northern Ireland will be made as soon as possible after the making of regulations for England and Wales. Still awaiting England and Wales Regulations [2004] Still awaiting England and Wales Regulations. [2005] Amending regulations will be made which include corrections to the defects identified as soon as possible following the making of parallel regulations for England and Wales. [2006]

These will be revoked and replaced by the draft Regulations referred to above. These Regulations are being prepared in parallel with the England and Wales Pesticide Regulations, intended for 2008.

1998; 1999; 2000 - NIL

2001

2001–02

11th Police Trainee Regulations (Northern Ireland) 2001 (S.R. 2001/369)

Regulation 10(5): Failure to comply with proper drafting practice Regulations 10(5), 10(8), 14(1), 14(4), 14(7) and 25(1)(b): defective drafting

Awaiting opportunity to amend. In the next session or a soon thereafter as practicable [2002, 2003] NIO hope to bring forward amending regulations before the end of the year. [2004] Awaiting opportunity to amend. NIO intends to make the Police Service of Northern Ireland (Conduct etc.)

Awaiting an opportunity to amend. It is intended to correct these drafting defects as part of a wider package of amendments needed. The instrument is planned for September 2007, to coincide with the next recruitment phase for new trainees.

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(Amendment) Regulations 2004 later this year. [2005] Awaiting opportunity to amend. [2006]

2002

2001–02

28th Police Service of Northern Ireland Pensions Regulations 2002 (S.R. 2002/100)

The principal regulations of 1988 have been amended ten times. The Committee wished to know if consolidation was planned

Awaiting opportunity to consolidate. [2003] The Northern Ireland Office agree that consolidation is necessary and are planning to consolidate as soon as possible. [2004, 2005] No opportunity to undertake this exercise has arisen. However, it has been agreed that in the next 3 years changes will be made to the Police Pensions Act 1976 and the Police (Northern Ireland) Act 1998 to enable the two separate pension schemes to be amalgamated. This will require a consolidation of the regulations. [2006]

The necessary consolidation exercise is now being planned, with a target date of 2009, though work is still at an early stage.

31st Explosives (Fireworks) Regulations (Northern Ireland) 2002 (S.R. 2002/147)

Regulation 4(2), 8(3) and Schedule 3: defective drafting

Awaiting opportunity to amend [2003, 2004, 2005] Necessary amendment will be made when the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 are made later this year, planned for September/October 2006. [2006]

Amending instrument issued. The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (SR 2006/425) made corrective amendments to regulations 4(2) and 8(2) and (3) and Schedule 3 of the 2002 Regulations.

2003 - NIL

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2004

2003-04

8th

Police Service of Northern Ireland Reserve (Part-Time) Regulations 2004 (S.R. 2004/03)

Regulation 17(2): defective drafting Regulation 6(1): does not accord with proper drafting practice

Awaiting opportunity to amend. [2005, 2006]

Awaiting opportunity to amend. Work is in progress to address the Committee’s comments, and it is planned that the necessary amending regulations will be issued by the end of 2007.

2005 - NIL

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Table 17 — Northern Ireland Court Service: instruments outstanding from 2005 and earlier Total number of instruments outstanding from 2005: 2 (of which action on 1 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.


2005

2005-06

4th Pensions Appeal Commissioners (Procedure) (Northern Ireland) Regulations 2005 (S.I. 2005/965)

Defective drafting Awaiting opportunity to amend. [2006] Awaiting opportunity to amend.

4th Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005 (S.R. 2005/164)

Defective drafting Awaiting opportunity to amend. [2006] The amending Regulations SR 2007 No. 146 were made on 7.3.07 and came into operation on 31.3.07

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Table 18 — Privy Council Office: instruments outstanding from 2005 and earlier Total number of instruments outstanding: from 2001: 2 (of which action on 0 remained outstanding on 1 April 2007) Normal print = no further action required. Bold print = action not completed by 1 April 2007. Bold Italic print = the Department and the Committee disagree over whether further action is required.

JCSI Report Instrument title Ground for reporting Observation(s) in earlier Return(s)[year] Observations

2001

2000-01

8th General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 (S.I. 2000/3290)

Rule 16(2): defective drafting Awaiting opportunity to amend. Date for amending instrument not known. [2002/3] As [2002/3]. To be amended at the first available opportunity [2004, 2005] Awaiting opportunity to act on comments: The instrument will be amended in the General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006 to be made in June 2006. [2006]

Amending instrument issued 16 June 2006: SI 2006/1630 - The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006

8th General Chiropractic Council (Health Committee) Rules Order of Council 2000 (S.I. 2000/3291)

Rule 16(2): defective drafting Awaiting opportunity to amend. Date for amending instrument not known. [2002/3] As [2002/3]. To be amended at the first available opportunity [2004, 2005] Awaiting opportunity to act on comments: The instrument will be amended in the General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006 to be made in June 2006. [2006]

Amending instrument issued 16 June 2006: SI 2006/1630 - The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006.

2002; 2003; 2004; 2005 - NIL


Formal Minutes

Wednesday 11 July 2007

Members Present:

David Maclean MP, in the chair

Lord Dykes Dr Roberta Blackman-Woods MP

Baroness Gale Mr Peter Bone MP

Lord Gould of Brookwood Michael Jabez Foster MP

Lord Kimball Mr David Kidney MP

David Simpson MP

**** Draft Report [Scrutinising Statutory Instruments: Departmental Returns 2006], proposed by the Chairman, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 28 read and agreed to.

Resolved, That the Report be the First Special Report of the Committee to each House.

Several papers were ordered to be appended to the Report.

Ordered, That the Chairman do make the Report to the House of Commons and that Lord Kimball do make the Report to the House of Lords.

[Adjourned till Wednesday 18 July at Four o’clock.

Scrutinising Statutory Instruments: Departmental Returns 2006 95

List of Correspondence

Page

Appendix A Letter from the Chairman to the Minister for the Cabinet Office and for Social Exclusion (and Chancellor of the Duchy of Lancaster)

96

Appendix B Letter from the Parliamentary Under Secretary of State, Ministry of Justice, to the Chairman

97


Appendix A

Letter from the Chairman to the Minister for the Cabinet Office and for Social Exclusion (and Chancellor of the Duchy of Lancaster)

JOINT COMMITTEE ON STATUTORY INSTRUMENTS Departmental Returns, 2005

I am pleased to enclose a copy of the Committee’s Second Special Report, published recently, which summarises the action taken by Departments on instruments reported by the Joint Committee during the calendar year 2005 and any action taken in respect of instruments that were still outstanding last year from 2004 and earlier. I hope you will find the report useful.

As you will see, the report notes that there has been some progress in correcting a number of instruments that have been outstanding for some time, but also highlights the wide variation between some Departments in the speed with which they complete the necessary remedial actions on reported instruments. As you would expect, the Committee is very keen to see all Departments complete necessary remedial actions on all reported instruments without undue delay.

The Committee considers that it may be helpful if, on this occasion and in the future, there is a collective government response to our synopsis of our findings over the year. It would seem most appropriate for this to come from either the Chancellor of the Duchy of Lancaster (in the light of the Cabinet Office’s overall responsibility for the professional standards of the civil service), or the Leader of the House of Commons (or Lords) (with general responsibilities for legislation).

The Committee expects to be writing again to Departments in March 2007 to ask them to submit departmental returns in respect of those instruments reported during this calendar year and for all instruments from earlier years on which action was considered by the Committee on 1 April 2006 to be outstanding.

Meanwhile, the Committee will continue to monitor closely the speed with which Departments complete all necessary actions on reported instruments. We will also be providing copies of our report to Departmental Select Committees.

David Maclean Chairman of the Joint Committee

Dated: 25 July 2006


Appendix B

Letter from the Parliamentary Under Secretary of State, Ministry of Justice, to the Chairman

STATUTORY INSTRUMENTS

I wrote to you on 8 January advising that following the merger of the Office of Public Sector Information with the National Archives, that day to day responsibility for matters in relation to the Statutory Instruments Act now fell to me as the responsible Minister for Her Majesty’s Stationery Office within DCA, now the Ministry of Justice.

In your letter of 25 July 2006 to Hilary Armstrong, as Minister for the Cabinet Office, you invited a government response in relation to the synopsis of findings you had published in your Second Special Report of 2005-06. The key point of your report was that some departments were slow in taking the necessary action to correct problems which the Committee had identified during its consideration of individual instruments.

As you will be aware, whilst Her Majesty’s Stationery Office oversees the arrangements for production and publication of Statutory Instruments, individual Secretaries of State are responsible for all of their Department’s legislation both primary or secondary. Secondary legislation is an integral part of the policy making process and following policy approval from Ministers, officials work closely with departmental lawyers to draft the necessary secondary legislation. In all cases departments have said that they give priority to taking appropriate corrective action but the speed of taking corrective action will depend upon the nature of the correction required and whether the need for correction requires the department to undertake a wider review in relation to the instrument.

In respect of the Second Special report the following summarises the situation at each department:

Cabinet Office – No outstanding actions.

Department for Communities and Local Government (formerly ODPM) – The department believes that it has performed well on this front. Where the Committee has suggested corrections then these have been made promptly. They will do their best to maintain this good record.

Department for Constitutional Affairs (now the Ministry of Justice) - There are five instruments which are outstanding. Three apply only in relation to Wales: the Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1266), the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1267) and the Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 (S.I. 2003/1269). The Town and Planning Inquiries Rules are made under section 9 of the Tribunals and Inquires Act 1992, for which the Department has responsibility and the Lord Chancellor makes the rules for all inquiries and tribunals made under this Act. However, depending on the subject, the actual policy is held by other Government Departments which have the policy leads, those Departments


also draft the instruments. These outstanding instruments are the responsibility of the Welsh Assembly Government. Any amending instruments would be the responsibility of, and drafted by, the Welsh Assembly Government. The Department is actively pursuing this with the Welsh Assembly Government, to determine the position and ensure that action is taken in respect of these instruments. The Department will inform the Committee of the outcome of the inquiries.

In respect of the Civil Procedure (Amendment No.2) Rules 2005 (S.I. 2005/656) the Department intends to bring rule 76.29(2)(b) to the attention of the Civil Procedure Rule Committee at one of the Committee’s monthly meetings this year.

The Town and County Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 (S.I. 2005/2115) are made by the Lord Chancellor though the policy responsibility for these Rules lies with the Department for Communities and Local Government. The Department is actively pursuing this with the Department for Communities and Local Government, to determine the position and ensure that action is taken in respect of these instruments. The Department will inform the Committee of the outcome of the inquiries.

Department for Culture, Media and Sport – No actions outstanding

Department for Education and Skills – Of the 10 SIs which the Committee identified as requiring action, plans are in hand to make the necessary amendments or the instruments will be revoked or cease to have effect during the course of this year.

Department for Environment, Food and Rural Affairs – Of the 6 DEFRA SIs reported for defective drafting in 2006, two have already been dealt with. A third cannot be dealt with because it is an explanatory note point in a commencement order. The three others are minor points and they plan to deal with them at the next available opportunity.

Department of Health – The department believes that appropriate action has been or is being taken to correct any outstanding actions.

Department of Trade and Industry – DTI is responsible for making a large number of SIs each year and they are pleased that only a small number have been reported to Parliament by the Committee. DTI takes its statutory instruments very seriously and will continue to work with the Committee and its officials to ensure their quality.

Department for Transport – The department it has a good record in respect of taking appropriate action and will be doing all it can to ensure that it maintains its good record.

Department for Work and Pensions - The department believes that appropriate action has been or is being taken to correct any outstanding actions.

Foreign & Commonwealth Office – No outstanding actions.

H M Treasury (including HM Revenue and Customs) – Of the three Treasury SIs mentioned in the Second Special Report, SI 2005/1518 was amended by SI 2006/2383; the SI amending SI 2005/1998 will be made during the first half of 2007, and as mentioned in the Treasury Return of 18 April 2006, no action is planned in respect of SI 2005/274


Home Office – The department have taken steps since the Committee’s report to improve the quality of Statutory Instruments they bring forward, with the Legal Advisor’s Branch instituting a new training and education programme for staff. They will set out the action in relation to each instrument identified by the JCSI in the annual return which they will be making during April.

Ministry of Defence – the department had only two instruments reported. One which sought the consolidation of the Service Pension Order, was completed last year. The other was reported for limited use of powers for which the department considers the SI regularly, but as there has been no requirements for use of the powers over and above those contained in the SI it is unlikely to be amended.

Northern Ireland Office – Of the six NIO SIs which the Committee considered further action was necessary, the Explosives (Fireworks) Regulations (NI) 2002 has now been amended while the action required in each of the other cases has been noted and timetables have been set for implementation. In respect of the two regulations on agricultural matters a high priority has been given to introducing new consolidated regulations which will replace the regulations in question.

Scotland Office – No outstanding actions.

Wales Office – No outstanding actions.

Most departments will by now have provided their individual returns in respect of the action they have taken on the specific instruments reported during 2006 and for earlier years on which action the Committee believes to be outstanding. Those returns should show an improved situation in taking the necessary steps to correct the problems which the Committee has identified.

I am copying this letter to Secretaries of State and other Ministerial Heads of Department.

CATHERINE ASHTON Dated: 14 May 2007

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