Fourteenth Report of Session 2006–07

House of Lords House of Commons Joint Committee on Statutory Instruments Fourteenth Report of Session 2006–07

Ordered by The House of Lords to be printed 28 March 2007 Ordered by The House of Commons to be printed 28 March 2007

HL Paper 86 HC 82-xiv Published on 3 April 2007 by authority of the House of Lords and the House of Commons London: The Stationery Office Limited £0.00

Joint Committee on Statutory Instruments

Current membership House of Lords House of Commons Earl Attlee (Conservative) David Maclean MP (Conservative, Penrith and The Border) Lord Dykes (Liberal Democrat) (Chairman) Baroness Gale (Labour) Dr Roberta Blackman-Woods MP (Labour, City of Durham) Lord Gould of Brookwood (Labour) Mr Peter Bone MP (Conservative, Wellingborough) Lord Kimball (Conservative) Michael Jabez Foster MP (Labour, Hastings and Rye) Countess of Mar (Crossbench) Mr David Kidney MP (Labour, Stafford) Lord Walpole (Crossbench) 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/jcsi.

Remit 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 and instruments made by devolved administrations are not considered by JCSI unless they are required to be laid before Parliament.

The role of the JCSI, whose membership is drawn from both Houses of Parliament, is to assess the technical qualities of each instrument that falls within its remit and to decide whether to draw the special attention of each House to any instrument on one or more of the following grounds: 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; vii. that its form or meaning needs to be explained; viii. that its drafting appears to be defective; ix. or on any other ground which does not go to its merits or the policy behind it.

The Committee usually meets weekly when Parliament is sitting.

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/jcsi.

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

Instruments not reported 4

Annex 5

Instruments not reported

The Committee considered the instruments set out in the Annex to this Report at its meeting on 28 March 2007 and determined that the special attention of both Houses does not require to be drawn to any of them.

Annex

Instruments to which the Committee does not draw the special attention of both Houses

● denotes that the written evidence submitted in connection with the instrument is printed with this Report ○ denotes written evidence has been submitted but not printed

Draft instruments requiring affirmative approval

Draft S.I. Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007 Draft S.I. Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

Instruments subject to annulment

S.I. 2007/453 Colours in Food (Amendment) (England) Regulations 2007 S.I. 2007/505 Healthy Start Scheme and Welfare Food (Amendment) Regulations 2007 S.I. 2007/573 Local Authorities (Capital Finance and Accounting) (Amendment) (England) Regulations 2007 S.I. 2007/585 Local Government (Best Value) Performance Indicators and Performance Standards (England) (Amendment) Order 2007 S.I. 2007/599 Consistent Financial Reporting (England) (Amendment) Regulations 2007 S.I. 2007/600 Office for Standards in Education, Children’s Services and Skills and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Allocation of Rights and Liabilities) Order 2007 S.I. 2007/603 Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 S.I. 2007/604 Blood Safety and Quality (Amendment) Regulations 2007 S.I. 2007/610 Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2007 S.I. 2007/618 Disability Discrimination (Public Authorities) (Statutory Duties) (Amendment) Regulations 2007 S.I. 2007/636 Plant Protection Products (Amendment) Regulations 2007 S.I. 2007/646 Personal Injuries (Civilians) (Amendment) Scheme 2007 S.I. 2007/647 Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 2) Order 2007 S.I. 2007/648 Road Traffic (Permitted Parking Area and Special Parking Area) (Isle of Wight) Order 2007 S.I. 2007/650 Royal Air Force Terms of Service Regulations 2007 S.I. 2007/652 Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Fareham) Order 2007 S.I. 2007/660 Courts-Martial Appeal (Review of Sentencing) Regulations 2007 S.I. 2007/664 Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Waverley) Order 2007

S.I. 2007/674 National Health Service (Pharmaceutical Services) (Remuneration for Persons providing Pharmaceutical Services) (Amendment) Regulations 2007 S.I. 2007/676 Blackburn with Darwen (Maintained Nursery School Governance) (Amendment) Order 2007 S.I. 2007/687 Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2007 S.I. 2007/689 Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations 2007 S.I. 2007/690 Public Service Vehicles (Registration of Local Services) (Amendment) (England and Wales) Regulations 2007 S.I. 2007/691 Minibus and Other Section 19 Permit Buses (Amendment) Regulations 2007 S.I. 2007/693 Community Bus (Amendment) Regulations 2007 S.I. 2007/694 Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 S.I. 2007/696 Awards for All (England) Joint Scheme (Authorisation) Order 2007 S.I. 2007/697 Motor Cars (Driving Instruction) (Amendment) Regulations 2007 S.I. 2007/698 Motor Vehicles (Driving Licences) (Amendment) Regulations 2007 S.I. 2007/699 Criminal Procedure (Amendment) Rules 2007 S.I. 2007/700 Police Act 1997 (Criminal Records) (Amendment) Regulations 2007 S.I. 2007/707 Criminal Justice Act 2003 (Surcharge) Order 2007 S.I. 2007/708 Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2007 S.I. 2007/710 Courts-Martial Appeal (Amendment) Rules 2007 S.I. 2007/711 Courts-Martial (Review of Sentencing) (Categories of Offences) Order 2007 S.I. 2007/712 Education (Provision of Information About Young Children) (England) Regulations 2007 S.I. 2007/713 Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007 S.I. 2007/718 Communications (Television Licensing) (Amendment) Regulations 2007 S.I. 2007/719 Social Security (Miscellaneous Amendments) Regulations 2007 S.I. 2007/720 Plant Health (Plant Passport Fees) (England) Regulations 2007 S.I. 2007/721 Protection of Wrecks (Designation) (England) (No. 2) Order 2007 S.I. 2007/724 Licensing Act 2003 (Consequential Amendment) (Non-Domestic Rating) (Public Houses in England) Order 2007 S.I. 2007/725 National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2007 S.I. 2007/726 Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 S.I. 2007/727 Water Resources Management Plan Regulations 2007 S.I. 2007/729 Court Funds (Amendment) Rules 2007 S.I. 2007/731 Income-related Benefits (Subsidy to Authorities) Amendment Order 2007 S.I. 2007/732 Companies (EEA State) Regulations 2007 S.I. 2007/735 Fire and Rescue Services (Emergencies) (England) Order 2007 S.I. 2007/737 Norfolk (Coroners’ Districts) Order 2007

S.I. 2007/741 Sex Discrimination Code of Practice (Public Authorities) (Duty to Promote Equality) (Appointed Day) Order 2007 S.I. 2007/742 Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2007 S.I. 2007/743 National Lottery etc. Act 1993 (Amendment of Section 23) Order 2007 S.I. 2007/744 British Citizenship (Designated Service) (Amendment) Order 2007 S.I. 2007/760 Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 S.I. 2007/763 Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2007 S.I. 2007/769 Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2007 S.I. 2007/770 Research Councils (Transfer of Property etc) Order 2007 S.I. 2007/771 Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 S.I. 2007/773 Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2007 S.I. 2007/774 Children (Allocation of Proceedings) (Amendment) Order 2007 S.I. 2007/777 Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2007 S.I. 2007/780 Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2007 S.I. 2007/785 National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2007 S.I. 2007/790 Ticket Touting (Designation of Football Matches) Order 2007 S.I. 2007/795 Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Modification of Section 10(7B)) Regulations 2007 S.I. 2007/799 Social Security Contributions and Benefits Act 1992 (Modification of Section 10(7B)) Regulations 2007 S.I. 2007/800 Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2007 S.I. 2007/801 Pensions Increase (Review) Order 2007 S.I. 2007/802 Pensions Increase (Pension Schemes for Kenneth Macdonald) Regulations 2007 S.I. 2007/803 Medicines for Human Use and Medical Devices (Fees Amendments) (No.2) Regulations 2007

Instruments subject to annulment (Northern Ireland)

S.R. 2007/146 Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations (Northern Ireland) 2007

Instruments not subject to Parliamentary proceedings laid before Parliament

S.I. 2007/786 Civil Courts (Amendment) Order 2007

Instruments not subject to Parliamentary proceedings not laid before Parliament

S.I. 2007/602 Domestic Violence, Crime and Victims Act 2004 (Commencement No. 8) Order 2007 S.I. 2007/614 Civil Aviation (Isle of Man) Order 2007 S.I. 2007/631 Social Security (Netherlands) Order 2007 S.I. 2007/645 Pensions (Polish Forces) Scheme (Extension) Order 2007 S.I. 2007/662 Armed Forces Act 2001 (Commencement No.8) Order 2007 S.I. 2007/695 Gangmasters (Licensing) Act 2004 (Commencement No. 5) Order 2007 S.I. 2007/709 Police and Justice Act 2006 (Commencement No. 2, Transitional and Saving Provisions) Order 2007 S.I. 2007/734 Rules of the Air Regulations 2007 S.I. 2007/740 Tuberculosis (England) Order 2007