House of Lords House of Commons Joint Committee on Statutory Instruments
Minutes of Proceedings
Session 2005–06
Joint Committee on Statutory Instruments
The Joint Committee on Statutory Instruments (JCSI) is appointed to consider all 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 and instruments made by devolved administrations do not fall 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 Order under which it works; or on any other ground which does not impinge upon the merits of the instrument or the policy behind it.
Membership during 2005-06 Session House of Lords Lord Brougham and Vaux CBE (Conservative) Lord Dykes (Liberal Democrat) Baroness Gale (Labour) Baroness Goudie (Labour) (discharged 15.2.06) Lord Gould of Brookwood (Labour) (added 15.2.06) Lord Greenway (Cross Bench) Lord Howard of Rising (Conservative) Lord Mancroft (Conservative)
House of Commons David Maclean MP (Conservative, Penrith and The Border) (Chairman) (added 12.6.06) Dr Roberta Blackman-Woods MP (Labour, City of Durham) Mr Peter Bone MP (Conservative, Wellingborough) Mr Jeffrey M. Donaldson MP (Democratic Unionist, Lagan Valley) (discharged 24.10.05) Mr Eric Forth MP (Conservative, Bromley and Chislehurst) (Chairman) (died: 17.05.06) 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) (added 24.10.05)
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)
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].
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 1
Proceedings of the Committee
Tuesday 5 July 2005
Present:
Lord Brougham and Vaux Dr Roberta Blackman-Woods MP Lord Dykes Mr Peter Bone MP Baroness Gale Mr Eric Forth MP Mr David Kidney MP Mr John MacDougall MP
Mr Allan Roberts, Mr Peter Milledge, Mr Alan Preston and Mr Anwar Akbar in attendance.
The Orders of Reference are deemed to have been read.
Members declared their interests, pursuant to the resolution of the House of 13 July 1992 (see Appendix).
It is moved that Mr Eric Forth do take the Chair —(Lord Brougham and Vaux).
The same is agreed to.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (S.I. 2005/449) on the ground that the instrument requires elucidation.
Resolved, That the special attention of both Houses be drawn to the Register of Fines (Amendment) Regulations 2005 (S.I. 2005/485) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the First Report of the Committee.
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Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Tuesday 12 July.
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Tuesday 12 July 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Baroness Gale Mr Peter Bone MP Baroness Goudie Michael Jabez Foster MP Lord Greenway Mr David Kidney MP Lord Howard of Rising Mr John MacDougall MP
Mr Allan Roberts, Mr Peter Milledge, Mr Alan Preston and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The proceedings of Tuesday 5 July are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Sea Fishing (Restriction on Days at Sea Order) 2005 (S.I. 2005/393) on the grounds that the instrument fails to implement properly a provision of the relevant Council Regulation and is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 (S.I. 2005/480) on the grounds that the instrument is defectively drafted and makes an unexpected use of the enabling power.
Resolved, That the special attention of both Houses be drawn to the Fines Collection (Amendment) Regulations 2005 (S.I. 2005/484) and the Collection of Fines (Pilot Schemes) (Amendment) Order 2005 (S.I. 2005/487) on the grounds that the instruments are defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Family Proceedings (Amendment No. 3) Rules 2005 (S.I. 2005/559) on the grounds that copies of the instrument that were supplied to the Committee and the version originally published were incomplete.
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Resolved, That the special attention of both Houses be drawn to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (S.I. 2005/560) on the grounds that the instrument does not comply with proper drafting practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Second Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Tuesday 19 July.
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Tuesday 19 July 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Baroness Gale Mr Peter Bone MP Lord Greenway Mr Jeffrey M Donaldson MP Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Alan Preston and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Tuesday 12 July are read.
The Joint Committee deliberate.
Resolved, That the Committee notes that Deputy Counsel, Alan Preston, is retiring in September; and records its appreciation for the way in which he has served the Committee with great distinction.
Resolved, That the special attention of both Houses be drawn to the Road Traffic (NHS Charges) Amendment Regulations 2005 (S.I. 2005/475) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the National Health Service (Pharmaceutical Services) Regulations 2005 (S.I. 2005/641) on the ground that the instrument is defectively drafted and requires elucidation.
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Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Criminal Procedure Rules 2005 (S.I. 2005/384) be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Pensions Regulator Tribunal Rules 2005 (S.I. 2005/690) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Third Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
The Joint Committee further deliberate.
A draft Report [Departmental Returns, 2004] is laid before the Committee by the Chairman.
Ordered, That the draft Report be read a second time, paragraph by paragraph.
Paragraphs 1 to 9 are 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 the Report be made to the House of Lords.
Resolved, That the Chairman write to a number of Departments requesting further information on certain S.I.s specifically mentioned in the report.
Ordered, That the Joint Committee be adjourned to Wednesday 12 October.
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Wednesday 12 October 2005
Present:
Baroness Gale Mr Eric Forth MP (Chairman) Baroness Goudie Mr David Kidney MP Lord Howard of Rising Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
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The Order of Adjournment is read.
The Proceedings of Tuesday 19 July are read.
The Joint Committee deliberate.
Resolved, That the Committee welcome new Counsel Peter Davis.
Resolved, That the special attention of both Houses be drawn to the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Materials and Articles in Contact with Food (England) Regulations 2005 (S.I. 2005/898) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Pensions Appeal Commissioners (Procedure) (Northern Ireland) Regulations 2005 (S.I. 2005/965) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Criminal Appeal (Retrial for Serious Offences) Rules (Northern Ireland) 2005 (S.R. 2005/158) on the ground that incomplete copies of the instrument were sent to the Committee.
Resolved, That the special attention of both Houses be drawn to the Social Security Commissioners (Procedure) (Child Trust Funds) Regulations (Northern Ireland) 2005 (S.R. 2005/164) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2005 (S.I. 2005/989) be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2005 (S.R. 2005/153) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Fourth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 19 October.
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Wednesday 19 October 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Mr Peter Bone MP Baroness Goudie Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 12 October are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005 (S.I. 2005/888) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Community Legal Service (Financial) (Amendment No.2) Regulations 2005 (S.I. 2005/1097) on the ground that there was unjustified delay in sending notification to the Speaker and the Lord Chancellor that it came into force before it was laid.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Fifth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 26 October.
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Wednesday 26 October 2005
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Lord Greenway Mr Peter Bone MP Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 19 October are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2005 (S.I. 2005/1399) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the School Governance (Contracts) (England) Regulations 2005 (S.I. 2005/1508) on the ground that the instrument makes an unexpected use of the enabling power.
Resolved, That the special attention of both Houses be drawn to the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2005 (S.I. 2005/1518) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Serious Organised Crime and Police Act 2005 (Commencement No. 1, Transitional and Transitory Provisions) Order 2005 (S.I. 2005/1521) on the ground of doubtful vires.
Resolved, That the special attention of both Houses be drawn to the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (S.I. 2005/1605) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Export Control (Democratic Republic of Congo) Order 2005 (S.I. 2005/1677) on the ground that there was an unjustifiable delay in notifying the Lord Chancellor and the Speaker that it came into force before it was laid.
Resolved, That the special attention of both Houses be drawn to the Pollution Prevention and Control (Amendment) and Connected Provisions (No. 2) Regulations (Northern Ireland) 2005 (SR 2005/285) on the ground that the instrument fails to comply with Statutory Instrument Practice.
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Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Sixth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 2 November.
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Wednesday 2 November 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Mr Peter Bone MP Baroness Goudie Michael Jabez Foster MP Lord Howard of Rising Mr David Kidney MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 26 October are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2005 (S.I. 2005/1924) on the ground that the explanatory note fails to comply with Statutory Instrument Practice.
Resolved, That the special attention of both Houses be drawn to the Railways (Accident Investigation and Reporting) Regulations 2005 (S.I. 2005/1992) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Insurers (Reorganising and Winding Up) (Lloyd’s) Regulations 2005 (S.I. 2005/1998) on the ground that the instrument is defectively drafted.
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Resolved, That the special attention of both Houses be drawn to the Discretionary Housing Payments (Grants) (Amendment) Order 2005 (S.I. 2005/2052) on the ground that the explanatory note fails to comply with Statutory Instrument Practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Miscellaneous Food Additives (Amendment) (England) Regulations 2005 (S.I. 2005/1099) be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Motor Cars (Driving Instruction) Regulations 2005 (S.I. 2005/1902) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Seventh Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 9 November.
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Wednesday 9 November 2005
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Lord Greenway Michael Jabez Foster MP Lord Howard of Rising Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 2 November are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Air Navigation (General) Regulations 2005 (S.I. 2005/1980) on the ground that the preamble to the instrument is defectively drafted.
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Resolved, That the special attention of both Houses be drawn to the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (S.I. 2005/2042) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Day Care and Child Minding (National Standards) (Amendment) (England) Regulations 2005 (S.I. 2005/2303) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Eighth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 16 November.
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Wednesday 16 November 2005
Present:
Baroness Gale Mr Eric Forth MP (Chairman) Lord Greenway Dr Roberta Blackman-Woods MP Mr Peter Bone MP Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 9 November are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Education (School Inspection) (England) Regulations 2005 (S.I. 2005/2038) on the grounds that the instrument is defectively drafted and requires elucidation.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 11
Resolved, That the special attention of both Houses be drawn to the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 (S.I. 2005/2115) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Children and Young People’s Plan (England) Regulations (S.I. 2005/2149) on the ground that the instrument requires elucidation.
Resolved, That the special attention of both Houses be drawn to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 (S.I. 2005/2415) and to the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 2005 (S.I. 2005/2531) on the ground that the instruments make unexpected use of the enabling power.
Resolved, That the special attention of both Houses be drawn to the Public Interest Disclosure (Prescribed Persons)(Amendment) Order 2005 (S.I. 2005/2464) on the ground that the explanatory note fails to comply with Statutory Instrument Practice.
Resolved, That the special attention of both Houses be drawn to the Energy Administration Rules 2005 (S.I. 2005/2483) on the ground that the instrument fails to comply with Statutory Instrument Practice.
Resolved, That the special attention of both Houses be drawn to the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) and to the Plant Health (England) Order 2005 (S.I. 2005/2530) on the ground that the instruments are defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Social Security (Incapacity Benefit Work-focused Interviews) Amendment (No. 2) Regulations 2005 (S.I. 2005/2604) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Ninth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Resolved, That the Department of Health be informed of the Committee’s interest in seeing early correction to instruments S.I. 2005/2415 and S.I. 2005/2031.
Ordered, That the Joint Committee be adjourned to Wednesday 23 November.
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Wednesday 23 November 2005
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Lord Greenway Dr Roberta Blackman-Woods MP Mr Peter Bone MP Michael Jabez Foster MP Mr David Kidney MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 16 November are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Official Feed and Food Controls (England) Regulations 2005 (S.I. 2005/2626) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005 (S.I. 2005/2693) on the ground that the explanatory note is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005 (S.I. 2005/2719) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005 (S.I. 2005/2748) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Tenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Resolved, That the Chairman would write to the Secretary of State when important instruments are found to be defective and require urgent attention.
Ordered, That the Joint Committee be adjourned to Wednesday 30 November.
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Wednesday 30 November 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Lord Greenway Mr Peter Bone MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 23 November are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2005 (S.I. 2005/2927) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Eleventh Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 7 December.
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14 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 7 December 2005
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Baroness Goudie Mr Peter Bone MP Lord Greenway Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 30 November are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989) and to the Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990) on the ground that the instruments are defectively drafted.
Resolved, That the special attention of both Houses be drawn to the North-West, Severn- Trent and Welsh Regional Flood Defence Committees (Boundaries Alteration) Order 2005 (S.I. 2005/3047) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twelfth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 14 December.
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Wednesday 14 December 2005
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Mr David Kidney MP Baroness Gale Mr John MacDougall MP Lord Greenway David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 7 December are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) on the ground that the instrument makes an unexpected use of the enabling power.
Resolved, That the special attention of both Houses be drawn to the Bovine Products (Restriction on Placing on the Market) (England) (No. 2) Regulations 2005 (S.I. 2005/3068) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 3) Order 2005 (S.I. 2005/3187) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirteenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 18 January.
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Wednesday 18 January 2006
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Baroness Gale Michael Jabez Foster MP Lord Greenway Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 14 December are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Road Vehicles (Construction and Use)(Amendment)(No. 4) Regulations 2005 (S.I. 2005/3165) and the Road Vehicles (Construction and Use)(Amendment)(No. 5) Regulations 2005 (S.I. 2005/3170) on the ground that the provisions of these instruments ought to have been contained in a single instrument.
Resolved, That the special attention of both Houses be drawn to the Civil Partnership (Armed Forces) Order 2005 (S.I. 2005/3188) on the ground that the instrument is unsatisfactorily drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Fourteenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 25 January.
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Wednesday 25 January 2006
Present:
Lord Greenway Mr Eric Forth MP (Chairman) Lord Howard of Rising Dr Roberta Blackman-Woods MP Mr Peter Bone MP Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 18 January are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005 (S.I. 2005/3222) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instrument be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Fifteenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 1 February.
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18 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 1 February 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Mr Peter Bone MP Baroness Gale David Simpson MP Lord Howard of Rising
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 25 January are read.
The Joint Committee deliberate.
Resolved, That future meetings of the Joint Committee will commence at 4.00pm on a Wednesday afternoon.
Resolved, That the special attention of both Houses be drawn to the Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005 (S.I. 2005/3320) on the ground that the instrument fails to comply with proper drafting practice.
Resolved, That the special attention of both Houses be drawn to the Housing Renewal Grants (Amendment) (England) Regulations 2005 (S.I. 2005/3323) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Firearms (Amendment) Rules 2005 (S.I. 2005/3344) on the ground that the instrument fails to comply with Statutory Instrument Practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Draft National Assembly for Wales (Representation of the People) (Amendment) Order 2006 laid on 9 January 2006 be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Draft Representation of the People (England and Wales) (Amendment) Regulations 2006 laid on 19 December 2005 be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Sixteenth Report of the Committee.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 19
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 8 February.
______
Wednesday 8 February 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Mr Peter Bone MP Lord Greenway Mr David Kidney MP Lord Howard of Rising
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 1 February are read.
The Joint Committee deliberate.
Resolved, That the Clerk would remind departments of the requirement to justify any breaches of the 21-day rule.
Ordered, That the written evidence submitted in relation to the National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361) and National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Seventeenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 15 February.
______
20 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 15 February 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Mr Peter Bone MP Lord Greenway Mr David Kidney MP Lord Howard of Rising
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
On 15 February 2006 the House of Lords approved the motion to replace Baroness Goudie with Lord Gould of Brookwood (see Appendix).
The Order of Adjournment is read.
The Proceedings of Wednesday 8 February are read.
The Joint Committee deliberate.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Eighteenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 1 March.
______
Wednesday 1 March 2006
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Lord Greenway Dr Roberta Blackman-Woods MP Lord Howard of Rising Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 21
The Proceedings of Wednesday 15 February are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Register of Judgments, Orders and Fines Regulations 2005 (S.I. 2005/3595) on the grounds that there was an unjustifiable delay in notifying the Speaker of the House of Commons and the Lord Chancellor and for an unjustified breach of the 21-day rule.
Resolved, That the special attention of both Houses be drawn to the Armed Forces Redundancy Scheme Order 2006 (S.I. 2006/55) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Transmissible Spongiform Encephalopathies Regulations 2006 (S.I. 2006/68) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Nineteenth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 8 March.
______
Wednesday 8 March 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Lord Gould of Brookwood Michael Jabez Foster MP Lord Greenway Mr John MacDougall MP Lord Howard of Rising David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 1 March are read.
22 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Cremation (Amendment) Regulations 2006 (S.I. 2006/92) on the ground that the instrument fails to comply with proper drafting practice.
Ordered, That the written evidence submitted in relation to the instrument be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twentieth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 15 March.
______
Wednesday 15 March 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Mr Peter Bone MP Lord Greenway Michael Jabez Foster MP Lord Howard of Rising Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 8 March are read.
Resolved, That the Committee notes that Assistant Counsel, Anwar Akbar, is retiring at the end of the month; and records its gratitude for his distinguished service and valuable advice to the Committee over the past 12 years and wishes him a long and happy retirement.
The Joint Committee deliberate.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-first Report of the Committee.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 23
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 22 March.
______
Wednesday 22 March 2006
Present:
Lord Brougham and Vaux Mr Eric Forth MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Mr Peter Bone MP Lord Gould of Brookwood Michael Jabez Foster MP Lord Greenway Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 15 March are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Housing Benefit Regulations 2006 (S.I. 2006/213); the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214); the Council Tax Benefit Regulations 2006 (S.I. 2006/215); and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216) on the ground that the instruments are defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-second Report of the Committee.
24 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 29 March.
______
Wednesday 29 March 2006
Present:
Lord Dykes Mr Eric Forth MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Lord Greenway Michael Jabez Foster MP Lord Howard of Rising Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge and Mr Anwar Akbar in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 22 March are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Public Benefit Corporation (Register of Members) Amendment Regulations 2006 (S.I. 2006/361) on the ground that the instrument fails to comply with Statutory Instrument Practice.
Ordered, That the written evidence submitted in relation to the instrument be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Duty Stamps Regulations 2006 (S.I. 2006/202) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-third Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 26 April.
______
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 25
Wednesday 26 April 2006
Present:
Lord Gould of Brookwood Mr Eric Forth MP (Chairman) Lord Greenway Dr Roberta Blackman-Woods MP Lord Howard of Rising Mr Peter Bone MP Michael Jabez Foster MP Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 29 March are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Education (Fees and Awards) (Amendment) Regulations 2006 (S.I. 2006/483)on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-fourth Report of the Committee.
The Joint Committee further deliberate.
Resolved, That the Committee explore possible options for reducing any wasteful use of paper; and that the Clerk be requested to present a discussion paper at a future meeting.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 3 May.
______
26 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 3 May 2006
Present:
Mr Eric Forth MP (Chairman) Mr Peter Bone MP Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Mr Peter Davis and Ms Christine Cogger in attendance.
Members from the House of Lords not being present, the Chairman adjourned the Committee till Wednesday 10 May.
______
Wednesday 10 May 2006
Present:
Baroness Gale Mr Eric Forth MP (Chairman) Lord Gould of Brookwood Dr Roberta Blackman-Woods MP Lord Greenway Mr Peter Bone MP Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 26 April are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Education (Budget Statements) (England) Regulations 2006 (S.I. 2006/511) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (S.I. 2006/552) on the ground that the instrument is defectively drafted.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 27
Resolved, That the special attention of both Houses be drawn to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (S.I. 2006/606) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Water Resources (Abstraction and Impounding) Regulations 2006 (S.I. 2006/641) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Gangmasters (Licensing Conditions) Rules 2006 (S.I. 2006/660) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Judicial Discipline (Prescribed Procedures) Regulations 2006 (S.I. 2006/676) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 (S.I. 2006/714) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Controls on Dogs (Non application to Designated Land) Order 2006 (S.I. 2006/779) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-fifth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 17 May.
______
Wednesday 17 May 2006
Present:
Lord Brougham and Vaux Dr Roberta Blackman-Woods MP Lord Dykes Mr Peter Bone MP Baroness Gale Mr David Kidney MP Lord Greenway Mr John MacDougall MP David Simpson MP
28 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Mr Peter Milledge, Mr Peter Davis and Ms Christine Cogger in attendance.
It is moved that, in the absence of the Chairman this day, Mr David Kidney do take the Chair (Lord Brougham and Vaux)
The Order of Adjournment is read.
The Proceedings of Wednesday 10 May are read.
The Joint Committee deliberate.
Resolved, That the Committee send its best wishes to Mr Eric Forth MP.
Resolved, That the Committee accept the proposals in the paper: “A note on possible options for reducing the use of paper by JCSI” in accordance with each Member’s personal preference and assess the pilot before the summer recess.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-sixth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 24 May.
______
Wednesday 24 May 2006
Present:
Lord Brougham and Vaux Mr Peter Bone MP Lord Dykes Michael Jabez Foster MP Baroness Gale Mr David Kidney MP Lord Greenway
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
Mr David Kidney is called to the Chair for the current meeting.
The Committee observed one minute’s silence in memory of Rt Hon Eric Forth MP.
The Order of Adjournment is read.
The Proceedings of Wednesday 17 May are read.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 29
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Residential Property Tribunal (Fees) (England) Regulations 2006 (S.I. 2006/830) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Education (Information as to Provision of Education) (England) (Amendment) Regulations 2006 (S.I. 2006/1033) on the ground that the instrument fails to comply with proper drafting practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-seventh Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 7 June.
______
Wednesday 7 June 2006
Present:
Lord Dykes Michael Jabez Foster MP Baroness Gale Mr David Kidney MP Lord Gould of Brookwood Mr John MacDougall MP Lord Greenway
Mr Peter Milledge, Mr Peter Davis and Ms Christine Cogger in attendance.
Mr David Kidney is called to the Chair for the current meeting.
The Order of Adjournment is read.
The Proceedings of Wednesday 24 May are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Ceramic Articles in Contact with Food (England) Regulations 2006 (S.I. 2006/1179) on the grounds that the
30 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
preamble and its footnotes fail to comply with Statutory Instrument Practice and that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the M6 Toll (Speed Limit) Regulations 2006 (S.I. 2006/1185) on the ground that the preamble to the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-eighth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
The Joint Committee deliberate.
Resolved, That the Committee considered letters from the Scottish Office and the Speaker’s Office. Acting Chairman David Kidney will reply to the Scottish Office on behalf of the Committee.
Ordered, That the Joint Committee be adjourned to Wednesday 14 June.
______
Wednesday 14 June 2006
Present:
Lord Brougham and Vaux Dr Roberta Blackman-Woods MP Lord Dykes Mr Peter Bone MP Lord Greenway Michael Jabez Foster MP Mr David Kidney MP David Maclean MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
Ordered, That David Maclean be Chairman of the Committee (Lord Greenway). Mr David Maclean reported that he had no interests to declare.
The Order of Adjournment is read.
The Proceedings of Wednesday 7 June are read.
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 31
The Joint Committee deliberate.
Mr David Kidney reported that he had replied to the Scottish Office on behalf of the Committee.
Resolved, That the special attention of both Houses be drawn to the Transfer of Functions (Office of Her Majesty’s Paymaster General) Order 2006 (S.I. 2006/607); the Civil Partnership Act 2004 (Commencement No. 3) Order 2006 (S.I. 2006/639); the Lands Tribunal (Amendment) Rules 2006 (S.I. 2006/880); the Environment Act 1995 (Commencement No. 23) (England and Wales) Order 2006 (S.I. 2006/934); the Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006 (S.I. 2006/1002); the Constitutional Reform Act 2005 (Commencement No. 5) Order 2006 (S.I. 2006/1014); the Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006 (S.I. 2006/1172); and the Natural Environment and Rural Communities Act 2006 (Commencement No.1) Order 2006 (S.I. 2006/1176) on the ground of unjustifiable delay in supplying copies of the instruments to the Committee.
Resolved, That the special attention of both Houses be drawn to the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006 (S.I. 2006/795) on the grounds of unjustifiable delay in supplying copies of the instrument to the Committee; supplying incomplete copies; and failure to comply with Statutory Instrument Practice.
Resolved, That the special attention of both Houses be drawn to the Water Act 2003 (Commencement No. 6, Transitional Provisions and Savings) Order 2006 (S.I. 2006/984) on the grounds of unjustifiable delay in supplying copies of the instrument to the Committee and for supplying incomplete copies.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Twenty-ninth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 21 June.
______
32 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 21 June 2006
Present:
Lord Brougham and Vaux Dr Roberta Blackman-Woods MP Lord Dykes Mr Peter Bone MP Lord Greenway Michael Jabez Foster MP Mr David Kidney MP
Mr Peter Milledge, and Peter Davis in attendance.
In the absence of the Chairman, Mr David Kidney is called to the Chair.
The Order of Adjournment is read.
The Proceedings of Wednesday 14 June are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Lebanon and Syria (United Nations Measures) Order 2005 (S.I. 2005/3432) on the ground of unjustifiable delay in supplying copies of the instrument to the Committee.
Resolved, That the special attention of both Houses be drawn to the Measuring Instruments (Automatic Catchweighers) Regulations 2006 (S.I. 2006/1257) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006 (S.I. 2006/1260) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirtieth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 28 June.
______
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 33
Wednesday 28 June 2006
Present:
Lord Brougham and Vaux David Maclean MP (Chairman) Baroness Gale Mr Peter Bone MP Lord Gould of Brookwood Michael Jabez Foster MP Lord Greenway Mr David Kidney MP
Mr Peter Milledge, Peter Davis and Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 21 June are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006 (S.I. 2006/1197) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Measuring Instruments (Cold-water Meters) Regulations 2006 (S.I. 2006/1268) on the ground that the instrument is defectively drafted resulting in a failure to implement properly a provision in the relevant Directive.
Resolved, That the special attention of both Houses be drawn to the Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (S.I. 2006/1270) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Planning (National Security Directions and Appointed Representatives Rules (Northern Ireland) 2006 (S.R. 2006/215) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (S.I. 2006/1379) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-first Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 5 July.
34 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 5 July 2006
Present:
Lord Dykes David Maclean MP (Chairman) Baroness Gale Mr Peter Bone MP Lord Greenway Mr David Kidney MP Mr John MacDougall MP David Simpson MP
Mr Allan Roberts and Peter Davis in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 28 June are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Protection of Wrecks (Designation) (England) (No. 5) Order 2006 (S.I. 2006/1468); and the Protection of Wrecks (Designation) (England) (No. 6) Order 2006 (S.I. 2006/1470) on the ground that the instruments fail to comply with Statutory Instrument Practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-second Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 12 July.
______
Wednesday 12 July 2006
Present:
Lord Brougham and Vaux David Maclean MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Baroness Gale Michael Jabez Foster MP Lord Greenway Mr David Kidney MP
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 35
Mr Peter Milledge, Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 5 July are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006 (S.I. 2006/1498) on the ground that the instrument purports to have retrospective effect where the parent statute confers no express authority so to provide.
Ordered, That the written evidence submitted in relation to the instrument be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006 (S.I. 2006/1497) be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2006 (S.I. 2006/1499) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-third Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
The Joint Committee further deliberate.
A draft Report [Scrutinising Statutory Instruments: Departmental Returns, 2005] is laid before the Committee by the Chairman.
Ordered, That the draft Report be read a second time, paragraph by paragraph.
Paragraphs 1 to 18 are read and agreed to.
Resolved, That the Report be the Second 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 Greenway do make the Report to the House of Lords.
Ordered, That the Joint Committee be adjourned to Wednesday 19 July.
______
36 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 19 July 2006
Present:
Lord Brougham and Vaux David Maclean MP (Chairman) Lord Dykes Dr Roberta Blackman-Woods MP Lord Gould of Brookwood Mr Peter Bone MP Lord Greenway Michael Jabez Foster MP Lord Howard of Rising Mr David Kidney MP Mr John MacDougall MP
Mr Peter Milledge, Peter Davis and Ms Christine Cogger in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 12 July are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Home Information Pack Regulations 2006 (S.I. 2006/1503) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2006 (S.I. 2006/1509) on the ground of an unjustified breach of the 21-day rule.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-fourth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 18 October.
______
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 37
Wednesday 18 October 2006
Present:
Lord Dykes David Maclean MP (Chairman) Baroness Gale Dr Roberta Blackman-Woods MP Lord Howard of Rising Mr Peter Bone MP Mr David Kidney MP David Simpson MP
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 19 July are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Civil Courts (Amendment) Order 2006 (S.I. 2006/1542) on the ground that the instrument does not conform to proper legislative practice.
Ordered, That the written evidence submitted in relation to the instrument be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-fifth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 25 October.
______
38 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Wednesday 25 October 2006
Present:
Lord Brougham and Vaux David Maclean MP (Chairman) Lord Dykes Michael Jabez Foster MP Baroness Gale Mr David Kidney MP Lord Gould of Brookwood David Simpson MP Lord Greenway Lord Howard of Rising
Mr Peter Milledge, Mr Peter Davis and Ms Christine Cogger in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 18 October are read.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Constitutional Reform Act 2005 (Supplementary Provisions) Order 2006 (S.I. 2006/1693) on the ground that the instrument purports to have retrospective effect leading to doubtful vires.
Resolved, That the special attention of both Houses be drawn to the Export Control (Security and Para-military Goods) Order 2006 (S.I. 2006/1696) on the ground that the instrument is defectively drafted.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
Ordered, That the written evidence submitted in relation to the Planning (National Security Directions and Appointed Representatives) (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006/285) be reported to both Houses.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-sixth Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned to 1 November.
______
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 39
Wednesday 1 November 2006
Present:
Lord Brougham and Vaux David Maclean MP (Chairman) Lord Dykes Michael Jabez Foster MP Baroness Gale Mr David Kidney MP Lord Gould of Brookwood Lord Greenway
Mr Peter Milledge, Mr Peter Davis and Mr Peter Brooksbank in attendance.
The Order of Adjournment is read.
The Proceedings of Wednesday 25 October are read.
In the absence of the Chairman, Mr David Kidney was called to the chair.
The Joint Committee deliberate.
Resolved, That the special attention of both Houses be drawn to the Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721) on the ground that the instrument is defectively drafted and for an unjustified breach of the 21-day rule.
Resolved, That the special attention of both Houses be drawn to the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788) on the ground that the instrument fails to conform to proper legislative practice.
Resolved, That the special attention of both Houses be drawn to the Registered Designs Rules 2006 (S.I. 2006/1975) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (S.I. 2006/2183) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Cosmetic Products (Safety) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2231) on the ground that the instrument is defectively drafted.
Resolved, That the special attention of both Houses be drawn to the Education (Nutritional Standards for School Lunches) (England) Regulations 2006 (S.I. 2006/2381) on the ground that the instrument requires elucidation.
Resolved, That the special attention of both Houses be drawn to the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 (S.I. 2006/2390) on the ground that the instrument fails to comply with Statutory Instrument Practice.
Ordered, That the written evidence submitted in relation to the instruments be reported to both Houses.
40 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
Ordered, That the written evidence submitted in relation to the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006 (S.R. 2006/268) be reported to both Houses.
David Maclean took the Chair.
A draft Report is laid before the Committee by the Chairman.
Resolved, That the Report be the Thirty-seventh Report of the Committee.
Ordered, That the Chairman do make the Report to the House of Commons and that the Report be made to the House of Lords.
Ordered, That the Joint Committee be adjourned till a day and time to be determined by the Chairman.
______
APPENDIX - Declaration of Members' Interests
BLACKMAN-WOODS, Dr Roberta (City of Durham) 4.Sponsorship or financial or material support Donation to my constituency party from GMB Union. (Registered 14 July 2005) GMB Union provide subsidised office accommodation.
BONE, Peter (Wellingborough) 4.Sponsorship or financial or material support Donation to my constituency party from: Bearwood Corporate Services Ltd Midlands Industrial Council Ms Lucy Payne; private donor from constituency Mrs Maisie Newcombe; private donor from constituency (Registered 18 July 2005) 9.Registrable shareholdings (a) AJWB Travel Ltd; travel company 10.Miscellaneous and unremunerated interests Director of AJWB Travel Ltd; non-remunerated at present. Owner of P W Bone Chartered Accountants; non-remunerated at present. Board Member of Rockingham Forest Housing Association; non-remunerated
DONALDSON, Jeffrey (Lagan Valley) 2. Remunerated employment, office, profession etc
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 41
Member of the Northern Ireland Assembly. Member of Lisburn City Council. Partner in The Financial Research Partnership; independent financial advisers and estate agents.
FORTH, Rt. Hon. Eric (Bromley and Chislehurst) 2.Remunerated employment, office, profession etc Parliamentary Adviser to Bromcom Computers PLC. (£10,001-£15,000) 4.Sponsorship or financial or material support Donation to my constituency association from the Chelwood Club, a fund-raising organisation which supports constituencies in the area. (Registered 18 May 2005)
FOSTER, Michael J. (Hastings and Rye) 2.Remunerated employment, office, profession etc Consultant to a firm of solicitors, Messrs. Fynmores of Bexhill-on-Sea, East Sussex. 4.Sponsorship or financial or material support Donations and value in kind was received by the Hastings and Rye CLP towards election expenses (generally) including assistance in the run-up to the May 2005 General Election from GMB and USDAW. (Registered 25 October 2005)
KIDNEY, David (Stafford) 10.Miscellaneous and unremunerated interests Non-practising solicitor. PPS to Elliot Morley MP, Minister for the Environment, DEFRA Trade Union Member, Amiens Trade Union Member, USDAW
MACDOUGALL, John (Glenrothes) Nil.
MACLEAN, Rt. Hon. David (Penrith and The Border) Nil.
SIMPSON, David (Upper Bann) 1.Remunerated directorships Universal Meat Company, Co Armagh. 2.Remunerated employment, office, profession etc Councillor, Craigavon Borough Council Member of the Northern Ireland Assembly Member of District Policing Partnership, Magherafelt 8.Land and Property Farm in Co Armagh, from which rental income is received. Flats in Portadown, Co Armagh, from which rental income is received.
42 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
BROUGHAM AND VAUX, Lord No relevant interests
DYKES, Lord 15(d) Office-holder in voluntary organisations Chairman, Mid-Atlantic Club UK in association with ESU Chairman, The European Atlantic Group (19 September 2005)
GALE, Baroness *12(i) Visits Visit to Taiwan (27 December 2003 for seven days) as part of a Parliamentary delegation on behalf of the British-Taiwanese Group. Guest of the Taiwan government - flight, hotel and meals paid for by Taiwan government. Visit to Taiwan (2-11 September 2005) as guest of the Taiwan Government - flight, hotel and meals paid for by Taiwan government. Also received various small gifts (1 November 2005) Visit to Costa Rica and Nicaragua as part of an IPU delegation (24 September - 2 October 2005). Received various small gifts from Government Ministers in Costa Rica and Nicaragua (1 November 2005) 15(a) Membership of public bodies Commissioner for Wales, Women's National Commission 15(c) Office-holder in pressure groups or trade unions Joint Secretary, Associate Parliamentary Group on Animal Welfare Vice Chairman, Labour Animal Welfare Society 15(d) Office-holder in voluntary organisations President, Treherbert and District Branch of the British Legion
GOUDIE, Baroness *12(e) Remunerated directorships MTG One Ltd (strategic and management consultancy) Chairman, Stakeholders *12(g) Controlling shareholdings MTG One Ltd 15(a) Membership of public bodies. Member of the Court of Napier University 15(d) Office-holder in voluntary organisations Trustee of Piggybank Kids Board member, Pfizer Foundation UK 16(b) Voluntary organisations Member of the APEX/GMB Trade Union Member of the Labour Party Member of the Society of Labour Lawyers Member of the Merchants House of Glasgow Patron of the Community Foundation for Northern Ireland
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 43
GOULD OF BROOKWOOD, Lord *12(d) Non-parliamentary consultant Chairman and sole owner of Philip Gould Associates (company advises clients on market research, communications and strategy) *12(e) Remunerated directorships Chairman, Philip Gould Associates (£140,000 pa) Partner, PAA (a company that provides marketing services) *12(g) Controlling shareholdings 100 per cent shareholding in Philip Gould Associates *12(h) Secretarial research and assistance Secretarial assistance is provided 2 days a week by Philip Gould Associates 15(b) Trusteeships of cultural bodies Trustee of Royal Parks Commission 16(a) Trusteeships Trustee, Policy Network (a think tank) Founder Trustee of Polis Trustee of the Royal Parks Commission 16(b) Voluntary organisations Labour Party member QPR season ticket holder
GREENWAY, Lord *12(d) Non-parliamentary consultant Consultant to Eurolist International Ltd (company involved in port representation) *12(e) Remunerated directorships Hon. Chairman, Marine & Industrial Enterprises S.A., Piraeus, Greece *12(f) Regular remunerated employment Professional Freelance Marine Photographer and writer 15(d) Office-holder in voluntary organisations Chairman of Trustees of the Memorial Fund of the Institute of Marine Engineering, Science and Technology Trustee, Hales trophy (Atlantic Speed Record) Trustee of the Tall Ships Youth Trust Vice President, World Ship Society Vice President and Chairman of Trustees, World Ship Trust Vice President, The Marine Society Member of Council, RNLI 16(b) Voluntary organisations Hon. Younger Brother of Trinity House Hon. Member of The Baltic Exchange (sub. £950 per annum)
44 Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06
HOWARD OF RISING, Lord *12(d) Non-parliamentary consultant General consultancy services to Wicksteed Leisure Limited and Jardentome Limited *12(e) Remunerated directorships Chairman, Fortress Holdings plc and subsidiaries (unpaid) Castle Rising Holdings Ltd and subsidiaries GSE Trustees Ltd (unpaid) *12(g) Controlling shareholdings Castle Rising Holdings Limited GSE Trustees Limited Chateau Limited *13(a) Significant shareholdings Fortress Holdings plc Jardentome Ltd (indirect) Wicksteed Engineering Limited (20%) *13(b) Landholdings The Castle Rising Estate, which includes residential property in Norfolk 15(a) Membership of public bodies Councillor, Kings Lynn and West Norfolk District Council Chairman, Castle Rising Parish Council Member, Kings Internal Drainage Board 15(b) Trusteeships of cultural bodies Owner, Castle Rising Castle 15(d) Office-holder in voluntary organisations Chairman, National Playing Fields Association Treasurer, All Saints Church Roydon, P.C.C Chairman of the Trustees, Trinity Hospital Castle Rising Secretary, Sunningdale School Anniversary Appeal 16(a) Trusteeships Trustee, the Hon. Mary Howard Trust Trustee, St. Lawrence Church Trust Trustee, All Saints Roydon Church Trust Trustee, Castle Rising Playing Field Trust Trustee, Howard Discretionary Trust Trustee, H. Benink Will Trust Trustee, Greville Howard children's settlement Trustee, J. Enoch Powell Will Trust 16(b) Voluntary organisations Countryside Alliance
Joint Committee on Statutory Instruments: Minutes of Proceedings, Session 2005-06 45
MANCROFT, Lord *12(f) Regular remunerated employment Executive Chairman, Inter Lotto (UK) Ltd (main source of income and main employment) Non-executive Deputy Chairman, the Rok Corporation *12(h) Secretarial research and assistance The services of a researcher are provided and paid for by the Countryside Alliance *13(a) Significant shareholdings 16% of the Ordinary Issued Share Capital of Inter Lotto (UK) Ltd 15(c) Office-holder in pressure groups or trade unions Deputy Chairman, Countryside Alliance 15(d) Office-holder in voluntary organisations Chairman, The Addiction Recovery Foundation Chairman, The Drug and Alcohol Foundation Chairman, The Mentor Foundation U.K 16(a) Trusteeships Trustee, The Hepatitis 'C' Trust 16(b) Voluntary organisations Chemical Dependency Centre Childline