Scrutinising Statutory Instruments: Departmental Returns, 2007

House of Lords House of Commons Joint Committee on Statutory Instruments

Second Special Report of 2007–08

Report, together with formal minutes and appendices

Ordered by The House of Lords to be printed 2 July 2008 Ordered by The House of Commons to be printed 2 July 2008

HL Paper 139 HC 915 Published on 10 July 2008 by authority of the House of Lords and the House of Commons London: The Stationery Office Limited £0.00

Joint Committee on Statutory Instruments

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 Lord Brett (Labour) Lord Campbell of Alloway (Conservative) Lord Dykes (Liberal Democrat) Baroness Jones of Whitchurch (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 John Whatley (Commons Clerk), Kath Kavanagh (Lords Clerk), and Jacqueline Cooksey (Committee Assistant). Advisory Counsel: Peter Davis, Peter Brooksbank and Christine Cogger (Commons) and Allan Roberts 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].

Scrutinising Statutory Instruments: Departmental Returns, 2007 1

Contents

Report Page

Departmental Returns, 2007 3 The work of the Joint Committee on Statutory Instruments 3 Monitoring Departments’ progress 6 Analysis of returns for instruments reported in 2007 8 Analysis of returns for instruments reported in 2006 and earlier 9 Previously highlighted Instruments on which action remains outstanding 9 Matters to which the particular attention of Departments is drawn 10 The progress of Affirmative Instruments and ensuing Debates 10 Supply of Affirmative Instruments to the Committees 11 Orders in Council 12 Actions outstanding on which the Department and Committee are not in agreement 12 Government Response to the Annual Report 13

Annex 1: Extract from request sent to Departments in 2008 14

Annex 2: Analysis of Departmental Returns 16 Table 1: Analysis of returns for instruments reported in 2007 16 Table 2: Analysis of returns for instruments reported in 2006 or earlier 16 Table 3: Analysis by Department of returns for instruments reported in 2007 17 Table 4: Analysis by Department of returns for instruments reported in 2006 and earlier 17 Table 5: Analysis by Department of all instruments with actions outstanding at 1 April 2008 18

Annex 3: Instruments reported and memoranda published 19

Annex 4: Departmental Returns 25

List of Tables 26

Appendix A 97 Letter from the Under Secretary of State for Work and Pensions 97 to the Chairman 97

Appendix B 98 Letter from the Chairman to the Under Secretary of State for Work and Pensions – Lord McKenzie of Luton 98

Formal Minutes 99

Scrutinising Statutory Instruments: Departmental Returns, 2007 3

Departmental Returns, 2007

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 Some of the instruments we consider are not statutory instruments (for instance, some Codes of Practice) which fall within our remit because they attract the affirmative procedure. We do not assess the merits of any instrument or the underlying policy. During the calendar year 2007, we scrutinised 1,473 statutory instruments and found cause to draw the special attention of each House to 70 instruments (marginally less than 5% 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.

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.

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Breakdown of Grounds for Reporting Instruments in 2007

Unusual or Delay unexpected use of 6% powers Other 10% 3%

Elucidation required 3%

Dubious vires 3%

Defective drafting Failure to observe 62% proper practice (other drafting and similar errors) 13%

2. We concluded that there was no need to draw any of the remaining 1,403 instruments (marginally more than 95% of the total) to the special attention of each House.2 However, cases of obvious minor errors which could be amended by correction slip, were dealt with by letter from Counsel.3

Total Number of Instruments Scrutinised by the Joint Committee in 2007 (1,473)

Reported instruments, 5% Unreported instruments dealt with by letter from Counsel (approx)

Unreported instruments, 95%

2 Statistics on the number of instruments made during a calendar year can be found at: http://www.opsi.gov.uk/si- statistics.htm.

3 Slightly over double the number of instruments reported.

Scrutinising Statutory Instruments: Departmental Returns, 2007 5

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 have reached this conclusion. We include a memorandum supplied by the relevant Department in response to our question(s). We also list (generally) without comment all other instruments we have examined. Occasionally, we publish for interest a memorandum from the relevant Department on an instrument we have examined. Our weekly report is posted on our website4 usually within five or 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 an 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. When necessary we request that individual Departments provide substantive responses, particularly where there is a difference of view with the Committee. Noting that the Department disagrees with our comments and does not plan to take further action will not cause us to remove the “offending” instrument from the report, whereas further communication may effect a satisfactory resolution.

6. This Report presents information on the 70 statutory instruments we reported to both Houses during 2007 and the progress (if any) that Departments have made in addressing the concerns on those instruments. It also shows the progress made (if any) on the 71 instruments we concluded had action outstanding from last year’s report.

7. 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 that it has 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

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

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

Breakdown of Grounds for Reporting Instruments in 2006

Unusual or Delay unexpected use of 0% Other powers 6% 7% Elucidation required 2%

Dubious vires 2%

Failure to observe Defective drafting proper practice 70% (other drafting and similar errors) 13%

Monitoring Departments’ progress 8. 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 a long standing interest in pressing Departments to reduce the number of defective instruments that remain in effect for too long while the Department waits for “a suitable opportunity to amend”.

9. 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.

10. Action has remained outstanding on five instruments from the previous decade, one from 1999 and four from 1997 (two of which no longer fall within the remit of the Committee, one scheduled for amendment in 2008, and one on which the Department and the Committee are in disagreement).

Scrutinising Statutory Instruments: Departmental Returns, 2007 7

S.I. No. Dept Status/Comment 1999/2 Department for Children, Schools Remains outstanding at 1 April 2008. Delay and Families producing amending Regulations has been exacerbated by the fact that the Secretary of State’s powers are now restricted to England. 1997/1881 Department for Environment, Food Remains outstanding at 1 April 2008. Due to and Rural Affairs be revoked in 2008. However the initial expectation in 1998, was that amendment would be made within 18 months. 1997/798 Ministry of Defence Remains outstanding at 1 April 2008, however it should be noted that the Department disagrees with the Committee’s view that amendment is necessary because no costs have been awarded in any of the cases which have been withdrawn by the Appellant. 1997/469 Northern Ireland Office No longer falls within the jurisdiction of JCSI.

1997/470 Northern Ireland Office No longer falls within the jurisdiction of JCSI.

11. In the Government Response to the Committee’s First Special Report of Session 2006- 07: Scrutinising Statutory Instruments: Departmental Returns, 20065 the Department incorrectly states that action on S.I. 2005/3068 is complete. Whilst action has been completed on one of the previously outstanding grounds, action remains outstanding on the first ground (see Table 10 in Annex 4 for the position as at 1 April 2008).

12. 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 likely to relate closely to the varying length and complexity of instruments and the number of instruments each Department makes. We accept that bare statistics of this sort may not be a reliable indicator of a Department's overall performance. 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.

13. We are pleased to report a slight reduction in the number of instruments reported in 2007 (70) from the number reported in the previous year (76). However, improvement in clearing outstanding actions is mixed. Of the instruments reported in 2007, approximately 67%6 of the outstanding actions have been completed – a 5% decrease from last year’s figure of 72%. Nonetheless, there has been an increase in clearing outstanding actions brought forward from earlier years, with approximately 41%7 having been completed this year compared with the corresponding 40% indicated in last year’s report.

5 [HL Paper 92, HC 476] 6 Table 3

7 Table 4

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14. Five tables have been prepared based on information supplied by Departments in March and April 2008.8 The details are included at Annex 2.

• Table 1 shows the number of grounds (see paragraph 16) that had been reported by the Committee in 2007, and the progress of Departments in dealing with them as at 1 April 2008;

• Table 2 shows the number of grounds that had been reported in 2006 and in previous years, on which action was outstanding as at 1 April 2007, and the progress of Departments in dealing with them as at 1 April 2008;

• Table 3 shows, by Department, the number of instruments reported in 2007, the number of instruments with action still outstanding on 1 April 2008, and the progress of Departments in dealing with them as at 1 April 2008;

• Table 4 shows, by Department, the number of instruments reported in 2006 or earlier on which action was outstanding as at 1 April 2007, and the progress of Departments in dealing with them as at 1 April 2008;

• Table 5 shows a consolidated view, by Department, of the number of instruments with actions outstanding as at 1 April 2008.

15. It should be noted that an instrument may be reported on more than one ground, or for a number of points on the same ground. Where an instrument has been reported on more than one separate ground, the sum of these grounds has been included in the tables. However, where an instrument has been reported for several points on the same ground, this has been shown as one ground in the tables. This is a change from earlier years when we included separately all the points reported. We believe the previous approach did not provide additional clarity either to the tables or to the statistics.

Analysis of returns for instruments reported in 2007 16. The progress made by individual Departments in clearing the instruments reported in 2007 is set out in Tables 1 and 3 in Annex 2. The figures in Table 1 show that, on average, by 1 April 2008 remedial action had been completed on 67% of the grounds reported in 2007.9 The comparable figure for the preceding year was 73%.10 This indicates a 6% decrease in clearing outstanding actions on the grounds reported in 2007.

17. Table 3 shows a slighter smaller decrease of 5% in the progress of individual Departments in completing actions on reported instruments in 2007. On average, action has been completed on 67% of instruments reported in 2007 (coincidentally the same percentage expressed in Table 1), compared with 72% in 2006.

8 The information provided by Departments has in some cases been amended for the purpose of consistency. 9 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.

10 Our report for 2006 shows a figure of 74% based on the number of points reported.

Scrutinising Statutory Instruments: Departmental Returns, 2007 9

18. The performance of individual Departments, as in previous years, remains very mixed. Table 3 shows that, by 1 April 2008, five Departments had completed the necessary actions to clear all the instruments we reported in 2007 and so achieved a clearance rate of 100%. These were: Cabinet Office, Foreign and Commonwealth Office, Government Equalities Office, Privy Council Office and the Scotland Office. The Ministry of Defence appears at the bottom of the table merely because it failed to complete any action on its one reported instrument. However, an amending instrument is expected to be laid before the 2008 recess.

Analysis of returns for instruments reported in 2006 and earlier 19. Tables 2 and 4 in Annex 2 show the progress made by individual Departments in dealing with instruments which we reported in 2006 and earlier. The Departmental Returns indicate that 41% of instruments outstanding from 2006 and before have had actions completed by 1 April 2008. Again the performance of individual Departments varies widely. Only HM Revenue and Customs completed all outstanding actions on their reported instruments and achieved a completion rate of 100%. Listed at the bottom of the table are the Departments that did not complete any of the outstanding actions on their reported instruments. These were: Department of Communities and Local Government, Home Office, Ministry of Defence11 and Northern Ireland Court Service. Poor completion rates were recorded for the Department for Business, Enterprise and Regulatory Reform which cleared only 9% of reported instruments. Below average completion rates were also recorded for the Department for Children, Schools and Families which cleared only 33%; the Department for Environment, Food and Rural Affairs which cleared 38% and the Northern Ireland Office which cleared 40% of their reported instruments.

20. As noted above, we recognise that some errors can be remedied relatively easily compared with others, but Tables 3 and 4 help to identify the wide variation that exists among Departments in the speed with which they take action on reported instruments.

21. In Annex 3 to this Report, we list those instruments that were reported in 2007 and those instruments, which although not reported to both Houses by the Committee, prompted the Committee to request and publish memoranda.

Previously highlighted Instruments on which action remains outstanding 22. In addition to our usual scrutiny, we have also monitored 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. The following table shows the progress of the remaining three instruments which had an outstanding issue at 1 April 2007.

11 The Ministry of Defence scored 0%, but the Department disagrees with our assessment that further action is outstanding on one of their reported instruments.

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Awaiting opportunity or unclear how to Progress as at 1 April 2008 proceed 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 is considering the further detail received from them on how to resolve the issue. [Resolved in June 2008 see paragraph 23.]

Northern Ireland Office S.R. 1997/469: Control of Pesticides (Amendment) Following restoration of the Northern Ireland Assembly, Regulations (Northern Ireland) 1997; and the Northern Ireland Office is no longer responsible for these Regulations and they no longer fall within the S.R. 1997/470: Plant Protection Products (Basic remit of the JCSI. Conditions) Regulations (Northern Ireland) 1977

23. The Department for Work and Pensions wrote to the Committee in December 2006 with regard to S.I. 2001/880. Unfortunately this letter did not reach us. It was only in the course of generating this report that we became aware of the letter’s existence and subsequently requested a copy from the Department, which we have now considered. As a result of this correspondence12 we have therefore amended the tables in Annex 4 to show that the Committee has further corresponded with the HSE indicating our agreement that no further action is necessary on this matter.

24. With the restoration of the Northern Ireland Assembly the other two regulations no longer fall within the remit of this Committee and we are pleased to be able to report that we now consider all three outstanding issues to be complete insofar as this Committee is concerned.

Matters to which the particular attention of Departments is drawn

The progress of Affirmative Instruments and ensuing Debates 25. During the latter part of the year we have received an increasing number of requests for affirmative instruments to be fast-tracked by us in order to meet an already arranged timetable for the instrument to be debated. We have also received an increasing number of telephone calls from Departments asking when an instrument might be considered in order to establish the feasibility of meeting a deadline, for instance, coming into force by a certain date, the imminence of a scheduled debate, or needing to deal with the matter prior to a recess. Such requests are not always easy to meet, particularly where the drafting of an instrument is at an early stage. We work efficiently in processing within an appropriate timetable the instruments which come before us. It is the responsibility of the Department to ensure that instruments are laid in good time to meet deadlines. We regret the fact that increasingly, and in some cases routinely, we are being asked to expedite matters. However, in the spirit of being helpful, we offer the following advice to Departments with the request that it is passed on to all those concerned with drafting instruments or arranging timetables and debates.

12 See Appendices A and B

Scrutinising Statutory Instruments: Departmental Returns, 2007 11

Supply of Affirmative Instruments to the Committees 26. Many Departments routinely send an informal draft of affirmative instruments to our legal adviser before the draft is laid. Provided that sufficient time is allowed, this process can help to avoid difficulties arising at a later stage. It assists both the Department and us in minimising any delay in the passage of an instrument. Unless otherwise agreed with the legal adviser, Departments should normally allow a period of not less than two sitting weeks for this advance scrutiny.

27. Counsel to the Chairman of Committees and Deputy Counsel in the House of Lords advise the Joint Committee on affirmative instruments and drafts. Affirmatives for the Commons only are for the Select Committee, and should be sent to Counsel (Legislation) in the House of Commons.

28. However, advance scrutiny by our officials is not a substitute for internal departmental checks. The draft should normally be sent to our legal adviser only when it is believed to be in the form in which it is expected to be laid. Where the approval of Parliamentary Counsel is required (for instance, where the instrument amends primary legislation), the draft should be sent only after approval has been given. The draft should also have been checked, in accordance with the Department's own arrangements, to the same level as that required for an instrument being submitted for signature and have been approved by an SCS lawyer as being in a form suitable for laying.

29. Departments should be aware of our interest in the wider aspects of our terms of reference, and particularly in those matters which go beyond the technicalities of drafting.13 Departments are reminded not to assume that the Committee will never wish to request further information about an affirmative instrument or draft following its initial consideration. Departments should not, therefore, prepare their timetables on the basis that the Committee will always complete its consideration of an affirmative instrument or draft at its first meeting following the laying of the instrument before Parliament.

30. Departments are further reminded of the timetables applying to the scrutiny of affirmative instruments and drafts. An affirmative instrument or draft will be considered at a Wednesday Committee meeting if it has been laid before Parliament, and delivered to the Committee’s office, by close of business on the Wednesday two weeks previously. If our legal adviser has had a sufficient opportunity to see in advance and comment on an earlier draft (in substantially the same form as laid) the instrument can normally be considered at a Wednesday Committee meeting if it has been laid before Parliament, and delivered to the Committee’s office, by close of business on the preceding Wednesday.

31. If, in exceptional circumstances, a Department wishes an affirmative instrument or draft which has been laid and supplied to the Committee’s office later than the applicable deadline to be considered at a particular meeting, a ministerial letter to the Chairman will be required setting out the reasons why expedited consideration is thought necessary. Our

13 For example, occasionally something is raised under the “any other ground not related to the merits/policy”, which could delay a draft affirmative. It would also cover, for instance, a case where any technical defects in the drafting had been corrected prior to laying but where a JCSI member raised an issue that could – if not satisfactorily answered by the Department – lead to reporting for, say, an unusual or unexpected use of powers.

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general approach is to allow such expedited consideration only where compelling reasons have been shown.

Orders in Council 32. Of continuing concern is the delay experienced in receiving Orders in Council. This appears to be the result of misunderstandings between the Privy Council Office and other Departments. These Orders are made by the Privy Council, but responsibility for forwarding copies to us currently lies with the other Department. This leads to confusion. We therefore request that the Privy Council Office and other Departments liaise to find a more fool-proof method of ensuring that we receive copies of these instruments in good time. Whilst the matter does not fall within our jurisdiction, we suggest the problem might be overcome either by the Privy Council Office taking on the responsibility for forwarding copies after the instrument has been made or notifying the relevant Department that the instrument is made and copies should be forwarded.

Actions outstanding on which the Department and Committee are not in agreement 33. At 1 April 2007 there was a total of ten instruments where we regarded action as being outstanding but with which the relevant Department disagreed (five reported in 2006 and a further five carried forward from earlier years).

34. There was an improvement in this figure for 2007, with a total of five instruments on which the Department and Committee disagree (one reported during 2007 and a further four carried forward from previous years). Nevertheless, some of these are long outstanding actions and the Committee is keen to resolve these issues. The instruments concerned are listed below with a brief summary of the relevant Department’s comments. (Please refer to the tables in Annex 4 for full details.)

Instrument Summary of Department’s Department Grounds for reporting No. Comments 1997/798 Ministry of Defence unexpected use of No reason to extend as no costs enabling power had been awarded in any of the cases which had been withdrawn by the Appellant. 2005/1508 Department for limited use of powers Regulations are operating Children, Schools and satisfactorily but will be reviewed Families later this year. 2006/2647 Department for defective drafting No requests for guidance or other Business, Enterprise evidence of confusion and Regulatory Reform 2006/2916 Department for defective drafting Department’s view unchanged. Business, Enterprise However the Regulations will be and Regulatory revoked in June 2009 when EC Reform Regulation No. 1907/2006 comes into force. 2007/1166 Department for defective drafting and Amending instrument issued but Communities and failure to comply with unfortunately did not address the Local Government proper legislative issues reported. practice

Scrutinising Statutory Instruments: Departmental Returns, 2007 13

35. 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. We include tables that show the wide variation in Departments’ progress in completing actions on outstanding instruments. We believe these tables provide a useful tool for both Houses.

Government Response to the Annual Report 36. Last year, we indicated that we would welcome a response from Government to the Annual Report and would like the response to be provided within two months of the report being published, in order that the Government could conduct its survey of Departments well before our annual review, which we undertake during the first quarter of each calendar year. In a letter dated 26 February 2008, the Minister of State for the Ministry of Justice, apologised for not being able to respond within this timescale. Unfortunately this letter did not reach the Committee until late March 2008, thereby delaying the Government’s response even further. This was published as the First Special Report of 2007-08 in April 200814. The accepted Government response time for House or Commons departmental select committee reports is two months. We therefore recommend that the Government makes every effort to reply to this Report within the same timescale.

14 [HL Paper 92, HC 476]

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Annex 1: Extract from request sent to Departments in 2008

During March 2008, 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 2007 and to provide updating information on instruments reported in 2006 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 2008 is printed below. The information provided by Departments is used in the Annexes to this Report.

Introduction

The Joint Committee on Statutory Instruments (JCSI) is undertaking its annual exercise of asking each Department to set out action taken up to and including 1 April 2008 in respect of instruments reported by the Committee in calendar year 2007 and in respect of instruments reported in earlier years on which the Committee considers action remains outstanding.

I attach an annex which lists all the instruments for your department/office which the Committee reported on in 2007, as well as 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 16 April 2008.

The special report, which will be published once the returns are analysed, is likely to follow the format used last year (HL 153, HC 917). It will note the progress of different departments in completing their outstanding actions. The report published in 2007 is available from the committee webpages.

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 2007. 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);

Scrutinising Statutory Instruments: Departmental Returns, 2007 15

• 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 which the Committee decided to draw to the special attention of both Houses. Instruments do not appear in this annex where a memorandum from a department was printed without comment, or the Committee decided that no further action was necessary;

• bold italics indicate where the Committee and the Department disagree;

• table or column widths must not be adjusted;

• track changes should be used at all times.

As in last year’s report it is intended that the Committee will publish the tables 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 wish to consider whether to call a Departmental representative to explain why action on certain instruments remains outstanding.

John Whatley Jacqui Cooksey Clerk (Commons) Committee Assistant Joint Committee on Statutory Instruments Joint Committee on Statutory Instruments

17 March 2008

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Annex 2: Analysis of Departmental Returns

Table 1: Analysis of returns for instruments reported in 2007

Total number of Instruments Reported: 70 Total number of grounds reported: 79 % of reported Grounds Grounds grounds on outstanding Grounds for Reporting reported which action on 1 April during 2007 has been 2008 completed Defective drafting 50 20 [1] 60% Failure to observe proper practice 10 2 [1] 80% (other drafting and similar errors) Dubious vires 2 0 100% Elucidation required 2 0 100% Unusual or unexpected use of powers 8 4 50% Delay 5 0 100% Other 2 0 100% Total (Average) 79 26 67% 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 2006 or earlier

% of reported Grounds Grounds grounds on Grounds for Reporting outstanding as outstanding as which action at 1 April 2007 at 1 April 2008 has been completed Defective drafting 57 [7] 35 [3] 39% Failure to observe proper practice 11 [2] 5 [1] 55% (other drafting and similar errors) Dubious vires 220% Elucidation required 2 [2] 1 50% Unusual or unexpected use of powers 6 4 [2] 33% Delay 00 Other 5 3 40% Total (Average) 83 50 40% 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.

Note: An instrument may be reported on more than one ground.

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Table 3: Analysis by Department of returns for instruments reported in 2007

(Departments ranked according to their progress in clearing instruments)

Number of Instruments with % of reported Instruments grounds instruments on Department Reported outstanding at which action has during 2007 1 April 2008 been completed

Cabinet Office 1 0 100% Foreign and Commonwealth Office 1 0 100% Government Equalities Office 1 0 100% Privy Council Office 1 0 100% Scotland Office 4 0 100% Ministry of Justice 9 1 89% Department for Business, Enterprise and Regulatory Reform 9 3 67% Department for Work and Pensions 3 1 67% Home Office 3 1 67% Northern Ireland Office 3 1 67% Department for Children, Schools and Families 10 4 60% Department for Communities and Local Government 7 3 [1] 57% Department for Environment, Food and Rural Affairs 9 4 56% Department for Culture, Media and Sport 4 2 50% Department for Transport 2 1 50% HM Revenue & Customs 2 1 50% Ministry of Defence 1 1 0% Total (Average) 70 23 67% 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 4: Analysis by Department of returns for instruments reported in 2006 and earlier

(Departments ranked according to their progress in clearing instruments) No. of Instruments Reported % of outstanding in 2006 and earlier years instruments on Department with grounds outstanding as which action has at: been completed 1 April 2007 1 April 2008 HM Revenue & Customs 2 [1] 0 100% Ministry of Justice 8 [2] 2 75% Department of Health 6 2 67% Department for Work and Pensions 3 1 67% Department for Transport 5 2 60% Food Standards Agency 2 [1] 1 50% Northern Ireland Office 5 3 40% Department for Environment, Food and Rural Affairs 13 [1] 8 38% Department for Children, Schools and Families 9 [2] 6 [1] 33% Department for Business, Enterprise and Regulatory Reform 11 [2] 10 [2] 9% Department for Communities and Local Government 2 2 0% Home Office 2 2 0% Ministry of Defence 2 [1] 2 [1] 0% Northern Ireland Court Service 1 1 0% Total (Average) 71 42 41% 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.

18 Joint Committee on Statutory Instruments

Table 5: Analysis by Department of all instruments with actions outstanding at 1 April 2008

(Departments ranked according to their progress in clearing instruments)

Number of Instruments % of reported Instruments with Grounds instruments on Department Reported in 2007 or outstanding at which action has outstanding from 1 April 2008 been completed previous years

Cabinet Office 1 0 100% Foreign and Commonwealth Office 1 0 100% Government Equalities Office 1 0 100% Privy Council Office 1 0 100% Scotland Office 4 0 100% Ministry of Justice 17 3 82% HM Revenue & Customs 4 1 75% Department of Health 6 2 67% Department for Work and Pensions 6 2 67% Department for Transport 7 3 57% Department for Culture, Media and Sport 4 2 50% Food Standards Agency 2 1 50% Northern Ireland Office 8 4 50% Department for Children, Schools and Families 19 10 [1] 47% Department for Environment, Food and Rural Affairs 22 12 45% Department for Communities and Local Government 9 5 [1] 44% Home Office 5340% Department for Business Enterprise and Regulatory Reform 20 13 [2] 35% Ministry of Defence 3 3 [1] 0% Northern Ireland Court Service 1 1 0% Total (Average) 141 65 54% 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.

Scrutinising Statutory Instruments: Departmental Returns, 2007 19

Annex 3: Instruments reported and memoranda published

This Annex lists instruments reported in 2007, 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 2008 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

CO Cabinet Office – Office of the Third Sector BERR Department for Business Enterprise and Regulatory Reform (from 28.6.07 - formerly DTI) DCA Department for Constitutional Affairs – see MOJ DCLG Department for Communities and Local Government (formerly ODPM) DCMS Department for Culture, Media and Sport DCSF Department for Children, Schools and Families (from 28.6.07 - formerly DfES) DfES Department for Education and Skills – see DCSF DEFRA Department for Environment, Food and Rural Affairs DH Department of Health DTI Department of Trade and Industry – see BERR DfT Department for Transport DWP Department for Work and Pensions FdSA Food Standards Agency FCO Foreign and Commonwealth Office HO Home Office HMRC HM Revenue & Customs (formerly Inland Revenue) MOD Ministry of Defence MOJ Ministry of Justice (from 9.5.07 - formerly DCA) NICS Northern Ireland Court Service (reporting to Department for Constitutional Affairs) NIO Northern Ireland Office PCO Privy Council Office (including the Leader of the House of Commons) SO Scotland Office

Key to action taken by Departments as at 1 April 2008

0 No longer within the remit of the JCSI (Responsibility transferred to the Northern Ireland Assembly) 1 Amending instrument or correction slip issued 2 Awaiting opportunity to amend 3 No further action (e.g. elucidation provided or Committee’s comments noted) 4 Provision revoked or lapsed, or draft withdrawn 5 Department disagrees with Committee 6 Instruments not reported by the Committee, but in respect of which a Departmental memorandum was printed

20 Joint Committee on Statutory Instruments

Action Instruments reported during 2007: Session 2006-07 taken

5th Report of Session 2006-07 (HC 82-v, HL Paper 30)

Draft S.I. Compensation (Exemptions) Order 2006 DCA 1

S.I. 2006/2951 Transfer of Functions (Third Sector, Communities and Equality) CO15 4 Order 2006 S.I. 2006/2967 Housing Benefit and Council Tax Benefit (Amendment) (No. 2) DWP 1 Regulations 2006

6th Report of Session 2006-07 (HC 82-vi, HL Paper37)

S.R. 2006/439 Equality Act (Sexual Orientation) Regulations (Northern Ireland) NIO16 0 2006

7th Report of Session 2006-07 (HC 82-vii, HL Paper43)

S.I. 2006/3122 Teachers’ Pensions etc. (Reform Amendments) Regulations 2006 DFES 1

S.I. 2006/3156 Education (Student Support) (European Institutions) (No. 2) DFES 6 Regulations 2006 S.I. 2006/3197 School Staffing (England) (Amendment) (No. 2) Regulations 2006 DFES 2

S.I. 2006/3281 Films (Certification) Regulations 2006 DCMS 1

S.I. 2006/3297 Textile Products (Indications of Fibre Content) (Amendment and DTI 4 Consolidation of Schedules of Textile Names and Allowances) Regulations 2006 S.I. 2006/3298 Textile Products (Determination of Composition) Regulations DTI 4 2006 S.I. 2006/3311 Controls on Dangerous Substances and Preparations Regulations DEFRA 6 2006

8th Report of Session 2006-07 (HC 82-viii, HL Paper 50)

S.I. 2006/3293 Gambling Appeals Tribunal Rules 2006 DCA 1

S.I. 2006/3418 Electromagnetic Compatibility Regulations 2006 DTI 2

S.I. 2006/1788 Courts-Martial (Prosecution Appeals) (Supplementary Provisions) MOD 6 Order 200617

15 S.I. made by HO – responsibility transferred to Cabinet Office 16 No longer responsibility of Northern Ireland Office

17 A corrigendum to the Department’s memorandum was published

Scrutinising Statutory Instruments: Departmental Returns, 2007 21

9th Report of Session 2006-07 (HC 82-ix, HL Paper 55)

Draft S.I. Scottish Parliament (Elections etc.) Order 2007 SO 3

S.I. 2006/3289 Waste Electrical and Electronic Equipment Regulations 2006 DTI 1

S.I. 2006/3415 Police Pensions Regulations 2006 HO 2

S.I. 2006/3432 Firefighters’ Pension Scheme (England) Order 2006, DCLG 1

10th Report of Session 2006-07 (HC 82-x, HL Paper 62)

S.I. 2006/3327 North Korea (United Nations Measures) (Overseas Territories) FCO 1 Order 2006 S.I. 2007/60 Occupational and Personal Pension Schemes (Prescribed Bodies) DWP 3 Regulations 2007

11th Report of Session 2006-07 (HC 82-xi, HL Paper 66)

S.I. 2007/171 Returning Officers (Parliamentary Constituencies) (Wales) Order DCA 3 2007 S.I. 2007/173 Gambling Act 2005 (Proceedings of Licensing Committees and DCMS 2 Sub-committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007

12th Report of Session 2006-07 (HC 82-xii, HL Paper 71)

No instruments reported or memoranda printed

13th Report of Session 2006-07 (HC 82-xiii, HL Paper 80)

S.I. 2007/268 Local Access Forums (England) Regulations 2007 DEFRA 6

S.I. 2007/274 Air Navigation (Amendment) Order 2007 DFT 1

S.I. 2007/402 Welfare of Animals (Slaughter or Killing) (Amendment) (England) DEFRA 2 Regulations 2007 S.I. 2007/406 Town and Country Planning (General Permitted Development) DCLG 4 (Amendment) (England) Order 2007

14th Report of Session 2006-07 (HC 82-xiv, HL Paper 86)

No instruments reported or memoranda printed

15th Report of Session 2006-07 (HC 82-xv, HL Paper 95)

S.I. 2007/442 Royal Pharmaceutical Society of Great Britain (Fitness to Practice PCO 3 and Disqualification etc. Rules) Order of Council 2007 S.I. 2007/529 Cattle Identification Regulations 2007 DEFRA 1

S.I. 2007/572 Rent Repayment Orders (Supplementary Provisions) (England) DCLG 2 Regulations 2007

22 Joint Committee on Statutory Instruments

16th Report of Session 2006-07 (HC 82-xvi, HL Paper 103)

S.I. 2007/651 Air Force Act 1955 (Part 1) Regulations 2007 MOD 2

17th Report of Session 2006-07 (HC 82-xvii, HL Paper110)

S.I. 2007/783 Town and Country Planning (Control of Advertisements) DCLG 1 (England) Regulations 2007 S.I. 2007/882 Immigration (Leave to Remain) (Prescribed Forms and HO 3, 4 Procedures) Regulations 2007 S.I. 2007/992 Home Information Pack Regulations 2007 DCLG 4

S.R. 2007/130 Police Service of Northern Ireland (Unsatisfactory Performance NIO 1, 2 and Attendance) Regulations 2007 S.I. 2007/1334 Export Control (North Korea) Order 2007 DTI 6

18th Report of Session 2006-07 (HC 82-xviii, HL Paper 114)

S.I. 2007/958 School Governance (New Schools) (England) Regulations 2007 DFES 1

S.I. 2007/960 School Governance (Federations) (England) Regulations 2007 DFES 1

S.I. 2007/1067 Environmental Impact Assessment and Natural Habitats DEFRA18 2 (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 S.I. 2007/1159 Local Authorities (Model Code of Conduct) Order 2007 DCLG 2

S.I. 2007/1166 Local Government Pension Scheme (Benefits, Membership and DCLG 2, 5 Contributions) Regulations 2007

19th Report of Session 2006-07 (HC 82-xix, HL Paper 124)

S.I. 2007/805 Licensing Act 2003 (Welsh Language Forms) Order 2007 DCMS 2

S.I. 2007/1115 Air Navigation (Isle of Man) Order 2007 DCA 2

S.I. 2007/1184 Flexible Working (Eligibility, Complaints and Remedies) DTI 3 (Amendment) Regulations 2007 S.I. 2007/1264 Education (Supply of Information about the School Workforce) DFES 4 (England) Regulations 2007

20th Report of Session 2006-07 (HC 82-xx, HL Paper 131)

S.I. 2007/1288 School Organisation (Establishment and Discontinuance of DFES 1 Schools) (England) Regulations 2007 S.I. 2007/1330 School Governance (Parent Council) (England) Regulations 2007 DFES 2

S.I. 2007/1366 School Travel (Piloting of Schemes) (England) Regulations 2007 DFES 2

S.R. 2007/261 Equality Act (Sexual Orientation) (Amendment No. 2) Regulations NIO 0 (Northern Ireland) 2007

18 Responsibility transferred from DCLG to DEFRA

Scrutinising Statutory Instruments: Departmental Returns, 2007 23

21st Report of Session 2006-07 (HC 82-xxi, HL Paper 135)

No instruments reported or memoranda printed

22nd Report of Session 2006-07 (HC 82-xxii, HL Paper 139)

S.I. 2007/1520 Road Tunnel Safety Regulations 2007 DFT 2

23rd Report of Session 2006-07 (HC 82-xiiix, HL Paper 152)

S.I. 2007/1621 Animals and Animal Products (Import and Export) (England) DEFRA 2 (Laboratories, Circuses and Avian Quarantine) Regulations 2007

S.I. 2007/1640 Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) HMRC 1 (Amendment) Regulations 2007

24th Report of Session 2006-07 (HC 82-xxiv, HL Paper 159)

No instruments reported or memoranda printed

25th Report of Session 2006-07 (HC 82-xxv, HL Paper 172)

No instruments reported or memoranda printed

26th Report of Session 2006-07 (HC 82-xxvi, HL Paper 177)

S.I. 2007/1831 Crime and Disorder (Prescribed Information) Regulations 2007 HO 3

S.I. 2007/1947 Company and Business Names (Amendment) Regulations 2007 BERR 3

27th Report of Session 2006-07 (HC 82-xxvii, HL Paper 186)

S.I. 2007/1744 Court of Protection Rules 2007 MOJ 3

S.I. 2007/1941 Plant Protection Products (Amendment) (No.2) Regulations 2007 DEFRA 1

28th Report of Session 2006-07 (HC 82-xxviii, HL Paper 191)

S.I. 2007/1949 European Grouping of Territorial Cooperation Regulations 2007 BERR 1

S.I. 2007/1971 Gas (Applications for Licences and Extensions and Restrictions of BERR 2 Licences) Regulations 2007 S.I. 2007/1972 Electricity (Applications for Licences, Modifications of an Area BERR 2 and Extensions and Restrictions of Licences) Regulations 2007 S.I. 2007/2003 Heather and Grass etc. Burning (England) Regulations 2007 DEFRA 2

S.I. 2007/2068 Social Security (Contributions) (Amendment No. 5) Regulations HMRC 2 2007 S.I. 2007/2317 Criminal Procedure (Amendment No. 2) Rules 2007 MOJ 3

24 Joint Committee on Statutory Instruments

Action Instruments reported during 2007: Session 2007-08 taken

1st Report of Session 2007-08 (HC 38-i, HL Paper 6)

S.I. 2007/2176 Civil Proceedings Fees (Amendment) (No. 2) Order 2007 MOJ 1

S.I. 2007/2325 Large Combustion Plants (National Emission Reduction Plan) DEFRA 1 Regulations 2007 S.I. 2007/2328 Small Society Lotteries (Registration of Non-Commercial DCMS 3 Societies) Regulations 2007

2nd Report of Session 2007-08 (HC 38-ii, HL Paper 10)

S.I. 2007/2734 Water Supply (Water Quality) Regulations 2000 (Amendment) DEFRA 3 Regulations 2007 S.I. 2007/2781 European Communities (Recognition of Professional DCSF 3 Qualifications) Regulations 2007 S.I. 2007/2874 Criminal Justice Act 2003 (Commencement No.17) Order 2007 MOJ 3

3rd Report of Session 2007-08 (HC 38-iii, HL Paper 15)

S.I. 2007/2359 Education (Nutritional Standards and Requirements for School DCSF 2 Food) (England) Regulations 2007 S.I. 2007/2470 Social Security (Miscellaneous Amendments) (No. 4) DWP 2 Regulations 2007

4th Report of Session 2007-08 (HC 38-iv, HL Paper 22)

S.I. 2006/3248 Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) SO 3 Order 2006 S.I. 2006/3338 Scotland Act 1998 (Agency Arrangements) (Specification) (No. 3) SO 3 Order 2006 S.I. 2007/286 Scotland Act 1998 (Agency Arrangements) (Specification) SO 3 Order 2007 S.I. 2007/3133 Plant Health (England) (Amendment) (No. 3) Order 2007 DEFRA 3

5th Report of Session 2007-08 (HC 38-v, HL Paper 25)

Draft S.I. Sex Discrimination Act 1975 (Amendment) Regulations 2007 GEO19 4

S.I. 2007/3169 Community Legal Service (Funding) (Counsel in Family MOJ 1 Proceedings) (Amendment No. 2) Order 2007

19 Instrument made by DCLG - transferred to GEO

Scrutinising Statutory Instruments: Departmental Returns, 2007 25

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 2007 or on instruments reported in 2006 and before where action by the Department was outstanding as at 1 April 2007.

ii) Where the instruments for which a Department is responsible are limited to those reported in 2007, 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 2007 (starting from the earliest) and those reported in 2007.

iii) All the information relates to the position as at 1 April 2008.

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.

26 Joint Committee on Statutory Instruments

List of Tables

Table 1 — Cabinet Office – The Office of the Third Sector: instruments reported, 2007...... 27 Table 2A — Department for Business, Enterprise and Regulatory Reform (formerly Trade and Industry): instruments outstanding from 2006 and earlier ...... 29 Table 2B — Department for Business, Enterprise and Regulatory Reform (formerly Trade and Industry): instruments reported, 2007...... 34 Table 3A — Department for Children, Schools and Families (formerly Education and Skills): instruments outstanding from 2006 and earlier...... 36 Table 3B — Department for Children, Schools and Families (formerly Education and Skills): instruments reported, 2007 ...... 41 Table 4A — Department for Communities and Local Government (formerly Office of the Deputy Prime Minister): instruments outstanding from 2006 and earlier...... 43 Table 4B— Department for Communities and Local Government: instruments reported, 2007...... 44 Table 5 — Department for Culture, Media and Sport: instruments reported, 2007...... 46 Table 6A — Department for Environment, Food and Rural Affairs: instruments outstanding from 2006 and earlier ...... 48 Table 6B — Department for Environment, Food and Rural Affairs: instruments reported, 2007...... 56 Table 7 — Department of Health: instruments outstanding from 2006 and earlier...... 58 Table 8A — Department for Transport: instruments outstanding from 2006 and earlier...... 61 Table 8B — Department for Transport: instruments reported, 2007...... 64 Table 9A — Department for Work and Pensions: instruments outstanding from 2006 and earlier...... 65 Table 9B— Department for Work and Pensions: instruments reported, 2007 ...... 67 Table 10— Food Standards Agency: instruments outstanding from 2006 and earlier ...... 68 Table 11— Foreign and Commonwealth Office: instruments reported, 2007...... 71 Table 12— Government Equalities Office: instruments reported, 2007...... 72 Table 13A— Home Office: instruments outstanding from 2006 and earlier ...... 73 Table 13B — Home Office: instruments reported, 2007...... 74 Table 14A— HM Revenue & Customs (previously Inland Revenue): instruments outstanding from 2006 and earlier ...... 75 Table 14B — HM Revenue & Customs: instruments reported, 2007 ...... 77 Table 15A— Ministry of Defence: instruments outstanding from 2006 and earlier...... 78 Table 15B — Ministry of Defence: instruments reported, 2007 ...... 81 Table 16A— Ministry of Justice (formerly Department for Constitutional Affairs): instruments outstanding from 2006 and earlier ...... 82 Table 16B — Ministry of Justice (formerly Department for Constitutional Affairs): instruments reported, 2007...... 86 Table 17 — Northern Ireland Court Service: instruments outstanding from 2006 and earlier...... 89 Table 18A— Northern Ireland Office: instruments outstanding from 2006 and earlier...... 90 Table 18B — Northern Ireland Office: instruments reported, 2007 ...... 94 Table 19 — Privy Council Office: instruments reported, 2007 ...... 95 Table 20 — Scotland Office: instruments reported, 2007 ...... 96

Table 1 — Cabinet Office – The Office of the Third Sector: instruments reported, 2007

Total number of instruments reported: 1 (of which action on 0 remained outstanding on 1 April 2008)

2007

2006-07

5th Transfer of Functions (Third Defective drafting of Schedule. The Office of the Third Sector does not Sector, Communities and propose to take any further action to Equality) Order 2006 amend paragraph 3(d), (e) or (f) of the (S.I. 2006/2951)20 Schedule to the Order. 200727 Returns, Departmental Instruments: Statutory Scrutinising In its memorandum of 12 December 2006 to the Committee, the Home Office accepted that the error had been made in the drafting but for the reasons given in the memorandum did not intend to correct it. These reasons included the planned early commencement of the repeal of section 73(1) of the Charities Act 1992 and the effect that this would have on the provisions referred to in paragraph 3(e) and (f). The Committee accepted the reasons advanced by the Home Office on the assumption that the plan for early repeal would be followed.

Section 73 of the Charities Act 1992 was repealed on the 27 February 2007 when the entry in Schedule 9 to the Charities

20 S.I. made by HO – responsibility transferred to Cabinet Office

28 Joint Committee on Statutory Instruments Instruments onStatutory Committee 28 Joint

Act 2006 relating to Part 3 of the 1992 Act was brought into force (The Charities Act 2006 (Commencement No. 1, Transitional Provisions and Savings) Order 2007 (S.I. 2007/309) (c.13)).

Table 2A — Department for Business, Enterprise and Regulatory Reform (formerly Trade and Industry): instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2002: 2 (of which action on 2 remained outstanding on 1 April 2008) 2003: 3 (of which action on 3 remained outstanding on 1 April 2008) 2005: 2 (of which action on 1 remained outstanding on 1 April 2008) 2006: 4 (of which action on 4 remained outstanding on 1 April 2008)

2002

2001–02

30th Personal Protective 16(2): Failure to comply with Awaiting opportunity to amend [2003] Still awaiting an opportunity to amend.

Equipment Regulations proper legislative practice Still awaiting opportunity to amend. Date for amending instrument not known. 200729 Returns, Departmental Instruments: Statutory Scrutinising 2002 (S.I. 2002/1144) 20(1): Defective drafting Date for amending instrument not known.[ 2004, 2005, 2006, 2007] 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. [2007]

33rd Pressure Equipment 2(4)(a): Defective drafting Awaiting opportunity to amend [2003] It would appear that the prospect of a (Amendment) Regulations Still awaiting opportunity to amend. revision to the underlying Directive has 2002 (S.I. 2002/1267) Date for amending instrument not receded somewhat at the European level. known. [2004, 2005, 2006, 2007] The Department will seek an opportunity An opportunity to amend may be to amend the Regulations to take account forthcoming as a result of changes to of the Committee’s comments. the Directive which these Regulations implement which are currently under discussion at EU level. [2007]

30 Joint Committee on Statutory Instruments Instruments onStatutory Committee 30 Joint

2003

2002–03

6th Statutory Paternity Pay and Reg 8(1) contains unnecessary Awaiting opportunity to amend. The We are still awaiting an opportunity to Statutory Adoption Pay referential legislation Department will insert definitions into amend these Regulations. (Persons Abroad and the Regulations if and when it is Mariners) Regulations 2002 considered necessary for any reason to (S.I. 2002/2821) 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, 2007] Awaiting opportunity to amend. [2007]

9th Sale and Supply of Goods to Defective drafting We maintain that the meaning of the Awaiting opportunity to amend. Consumers Regulations sections concerned is clear. As the 2002 (S.I. 2002/3045) 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, 2007] Awaiting opportunity to amend. [2007]

32nd Electronic Communications Regulation 5(1) and (3): Awaiting opportunity to amend Consultation on amendments including Code (Conditions and defective drafting Date for amending instrument not those to regulations 5(1) and 5(3) is Restrictions) Regulations known. [2004, 2005] planned to start at the end of April. We 2003 (S.I. 2003/2553) Date for amending instrument not yet are aiming to bring the amendments into known [2006] force on 1st October 2008. 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. [2007]

2004 – NIL

2005

2004-05

12th End-of-Life Vehicles Defective drafting Awaiting opportunity to amend. Still awaiting an opportunity to amend. (Producer Responsibility) The amendment will be combined with Date for amending instrument not known. Regulations 2005 other amendments necessary as a result (S.I. 2005/263) 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. [2007] Scrutinising Statutory Instruments: Departmental Returns, 200731 Returns, Departmental Instruments: Statutory Scrutinising 2005-06

9th Public Interest Disclosure Explanatory note: failure to Awaiting opportunity to amend. This Order was reported because its (Prescribed Persons) comply with Statutory Date for amending instrument not Explanatory Note failed to comply with (Amendment) Order 2005 Instrument Practice known. [2007] Statutory Instrument Practice. In its (S.I. 2005/2464) memorandum to the JCSI at the time, the Department accepted that the Explanatory Note should have been more informative and undertook to take account of this point when it next amended the Public Interest Disclosure (Prescribed Persons) Order 1999. The 1999 Order was recently amended by the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2008 (S.I. 2008/531). The Explanatory Note to this recent Order includes a brief statement of the point and substance of the amendment in accordance with the Statutory Instrument Practice.

32 Joint Committee on Statutory Instruments Instruments onStatutory Committee 32 Joint

2006

2005-06

37th Registered Designs Rules Rules 23(2)(a) and 45(2): Awaiting an opportunity to amend. Still awaiting an opportunity to amend. 2006 (S.I. 2006/1975) defective drafting These amendments will be combined Plan to rectify these matters whilst with other amendments to the Rules amending the Registered Designs Rules on which it is anticipated will be made in another matter. Unfortunately the other April 2008. [2007] matter was delayed but progress is now being made. It is expected that the amending instrument will be made in April 2009.

2006-07

3rd Export of Radioactive Unexpected use of enabling Awaiting a convenient opportunity to Awaiting a convenient opportunity to Sources (Control) Order power amend. As a number of Orders with amend. We propose to do so later this 2006 (S.I. 2006/1846) similar drafting are affected, our year in legislation arising out of last year’s preference is to wait for legislation general review of export control arising out of the forthcoming general legislation. review of export control legislation, consultation for which is due to begin this month. [2007]

4th Measuring Instruments (Gas Defective drafting The Department does not consider any The Department continues to take the Meters) Regulations 2006 amendment to the Regulations is view that no amendment to the (S.I. 2006/2647) necessary. However, in view of the Regulations is necessary, for the reasons concerns raised by the Committee, the given in its response to the Committee in Department has also raised with 2007. contacts at EC level, the question of In the Department’s view, the provisions whether a single definition of the concerned do provide the definitions of classes of meters should be adopted. the classes of meters which the This does not to date appear to be a Committee felt was lacking. The classes concern in other Member States. The are defined by reference to a number of Department has not received any the provisions set out in Schedule 1 to the request for guidance or observed any Regulations, which in turn reflect closely evidence of confusion from domestic the provisions of the Measuring stakeholders over classification of instruments Directive.

meters. The Department would further emphasise We consider that the provisions that there has been no request for concerned do provide the definitions of guidance or other evidence of confusion the classes of meters which the in the market place as to the meaning of Committee felt was lacking. The classes this provision since the Regulations came are defined by reference to a number of into force. the provisions set out in Schedule 1 to the Regulations, which in turn reflect closely the provisions of the Measuring instruments Directive. [2007]

4th Dangerous Substances and Defective drafting: As regards regulation 8(4) the The Department’s view of regulation 8(4) Preparations (Safety) regulation 8(4) Department remains of the view as has not changed. However the Dangerous Regulations 2006 expressed in its Explanatory Substances and Preparations (Safety) (S.I. 2006/2916) Memorandum which accompanied the Regulations 2006 will be revoked in June amending instrument (2007 No. 386) 2009 on the coming into force of that regulation 8(4) implements its Regulation (EC) No 1907/2006 of the policy correctly. [2007] European Parliament and of the Council, Scrutinising Statutory Instruments: Departmental Returns, 200733 Returns, Departmental Instruments: Statutory Scrutinising concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

34 Joint Committee on Statutory Instruments Instruments onStatutory Committee 34 Joint

Table 2B — Department for Business, Enterprise and Regulatory Reform (formerly Trade and Industry): instruments reported, 2007

Total number of instruments reported: 9 (of which action on 3 remained outstanding on 1 April 2008)

2007

2006-07 7th Textile Products (Indications Preamble not in accordance Revoked from 2/2/2008 by the Textile of Fibre Content) with proper legislative practice Products (Indications of Fibre Content) (Amendment and (Amendment) Regulations 2008 Consolidation of Schedules (S.I. 2008/6) of Textile Names and Allowances) Regulations 2006 (S.I. 2006/3297) 7th Textile Products Preamble not in accordance Revoked from 2/2/2008 by the Textile (Determination of with proper legislative practice Products (Determination of Composition) Regulations Composition) Regulations 2008 2006 (S.I. 2006/3298) (S.I. 2008/15) 8th Electromagnetic Regs 43(1), 44(3) and 46: Awaiting an opportunity to amend. Compatibility Regulations defective drafting Date for amending instrument not 2006 (S.I. 2006/3418) known. 9th Waste Electrical and Regs 22(9), 27(3)(b), 30(1)(c), Amending instrument issued on 6 Electronic Equipment 44(3), 63(1), 72(2)(g): defective December 2007 and came into force on 1 Regulations 2006 drafting January 2008 (see Waste Electrical and (S.I. 2006/3289) Electronic Equipment (Amendment ) Regulations 2007 SI No 3454) 19th Flexible Working (Eligibility, Failure to comply with These Regulations were reported for Complaints and Remedies) Statutory Instrument Practice failure to comply with Statutory (Amendment) Regulations Instrument Practice, because they 2007 (S.I. 2007/1184) effectively corrected an error in earlier Regulations (S.I. 2006/3314) and therefore should have been issued free to all known recipients of those earlier Regulations. The Department undertook to ask OPSI to ensure free copies of the amending Regulations were made available to all known recipients of the

earlier Regulations and make refunds as appropriate 26th Company and Business Unjustified delay in notifying Apologetic memorandum sent to Names (Amendment) the Speaker of each House Committee, and apologetic letters sent Regulations 2007 that the instrument came into to Speakers, July 2007. (S.I. 2007/1947) force before it was laid. 28th European Grouping of Reg 4(2): defective drafting Defective wording removed by The defective wording was otiose and did Territorial Cooperation S.I. 2008/728, made on 12 March 2008 not need replacement. Regulations 2007 and coming into force on 6 April 2008. (S.I. 2007/1949) 28th Gas (Applications for Reg 3(3)(a) and Schedules 1 Awaiting opportunity to amend. This is likely to be later in 2008, when Licences and Extensions and and 2: defective drafting other amendments will need to be made Restrictions of Licences) to the Regulations. Regulations 2007 (S.I. 2007/1971) 28th Electricity (Applications for Reg 3(3)(a) and Schedules 1 Awaiting opportunity to amend. This is likely to be later in 2008, when Licences, Modifications of and 2: defective drafting other amendments will need to be made an Area and Extensions and to the Regulations. Restrictions of Licences) 200735 Returns, Departmental Instruments: Statutory Scrutinising Regulations 2007 (S.I. 2007/1972)

36 Joint Committee on Statutory Instruments Instruments onStatutory Committee 36 Joint

Table 3A — Department for Children, Schools and Families (formerly Education and Skills): instruments outstanding from 2006 and earlier

Total number of instruments outstanding: from: 1999: 1 (of which action on 1 remained outstanding on 1 April 2008) 2000: 1 (of which action on 1 remained outstanding on 1 April 2008) 2001: 1 (of which action on 1 remained outstanding on 1 April 2008) 2002: 1 (of which action on 0 remained outstanding on 1 April 2008) 2005: 4 (of which action on 3 remained outstanding on 1 April 2008) 2006: 1 (of which action on 0 remained outstanding on 1 April 2008)

1999 1998-1999 8th Education (School Premises) 26(1): defective drafting Awaiting opportunity to amend. [2000, The original regulations applied to England Regulations 1999 (S.I. 1999/2) 2001, 2002] and Wales. Following the National No suitable opportunity to amend has Assembly of Wales (Transfer of Functions) arisen. [2003, 2004] Order (1999/672) the Secretary of State's Position unchanged. [2005] power to make these regulations is now No suitable opportunity to amend has restricted to England only. The Department arisen. As there is no likelihood of the considers that regulations which correct the regulations being amended otherwise, minor error only in relation to England we are looking at producing a free- would be more confusing than leaving the standing amending set. [2006] error (which does not affect the operation Following the last return preparation of a of the regulations). However the free-standing amendment to correct the Department has now established a working wrong minor cross-reference was group to review these regulations and they commenced but the original regulations may therefore be amended this year 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). [2007]

2000 1999–2000

31st Education (National 1(3); 2(2); 9(1); 9(2); 10(4); 11(2); Awaiting opportunity to amend. [2001, We continue to await an appropriate Curriculum) (Temporary 11: defective drafting 2002] opportunity to amend these regulations Exceptions for Individual No suitable opportunity to amend has and will look at the position between 2008 Pupils) (England) Regulations arisen. [2003, 2004] and 2010 as previously indicated. 2000 (S.I. 2000/2121) 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 200737 Returns, Departmental Instruments: Statutory Scrutinising between 2008 and 2010, although an opportunity may arise earlier. [2007] 2001 2000–01 14th Education (Publication of 4(2)(c) and 6(1)(iii): defective Awaiting opportunity for a possible The Further Education and Training Act Draft Proposals and Orders) drafting amendment. [2002, 2003] 2007 received Royal Assent on 23 October (Further Education No suitable opportunity to amend has 2007, but the relevant sections (14 – 16) Corporations) (England) arisen. [2004] have yet to be commenced. When they are, Regulations 2001 Revoked by S.I. 2003/507. Committee the Department intends to replace these (S.I. 2001/782) queried approach between these two regulations with new regulations, which S.I.s. Department to look at this point will address the point made by the Joint when S.I. is next amended, but no Committee. 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

38 Joint Committee on Statutory Instruments Instruments onStatutory Committee 38 Joint

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 Education and Training Bill, currently before Parliament. The new regulations, if made, will address the point made by the Joint Committee. [2007] 2002 2001–02 25th Education (QCA Levy) 6: unnecessarily complex and Awaiting opportunity to amend. No These regulations were revoked by SI Regulations 2002 obscure drafting suitable opportunity to amend has arisen. 2008/923, which was made on 25 March (S.I. 2002/435) [2003, 2004] 2008. 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. [2007] 2003; 2004 – NIL 2005 2005-06 6th School Governance Unexpected use of enabling It is not thought sensible to amend at this The Regulations are operating satisfactorily (Contracts) (England) power time. [2006] but will be reviewed again later this year. Regulations 2005 The Regulations are operating (S.I. 2005/1508) satisfactorily but will be reviewed later this year. [2007]

8th Day Care and Child Minding Regulation 3: defective drafting These regulations will be revoked as a The power under which these Regulations (National Standards) result of the changes currently taking were made is to be repealed in relation to (Amendment) (England) place in the Childcare Bill [2006] England on 1st September 2008. The Regulations 2005 The Childcare Bill is now the Childcare Act Regulations will then fall away. (S.I. 2005/2303) 2006. The power under which the Regulations were made will cease to have effect in relation to England from September 2008. [2007] 9th Education (School Inspection) Defective drafting – requires The Department refers to its The minor amending regulations the (England) Regulations 2005 elucidation memorandum, published in the 9th Department intended to make for 1 (S.I. 2005/2038) Report of the Committee for 2005-06. September 2007 have been put back to 1 The Department re-iterates its September 2008 because of the delay in the memorandum at Appendix 1 of the commencement of section 154 of the Committee’s 9th Report to the effect that Education and Inspections Act 2006. The the intention of Regulation 8 in proposed regulations will deal with both conjunction with sections 14 and 16 of the matters relation to section 154 and the the Education Act 2005 are to enable a matter raised by the Committee as

school to charge for a copy of a report originally intended. 200739 Returns, Departmental Instruments: Statutory Scrutinising (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 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

40 Joint Committee on Statutory Instruments Instruments onStatutory Committee 40 Joint

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] 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. [2007] 11th Southwark London Borough Article 1(2): defective drafting The Order will cease to have effect in This Order ceased to have effect in Council (Prescribed November 2007, so the Department does November 2007. Alteration) Order 2005 not propose to amend the Order to (S.I. 2005/2836) 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. [2007] 2006 2005-06 37th Education (Nutritional Regulation 6(1): requires The Regulations are to be revoked and The Regulations were revoked and replaced Standards for School elucidation replaced by new ones this year. [2007] by the Education (Nutritional Standards and Lunches) (England) Requirements for School Food) (England) Regulations 2006 Regulations 2007 (S.I. 2007/2359) (S.I. 2006/2381)

Table 3B — Department for Children, Schools and Families (formerly Education and Skills): instruments reported, 2007

Total number of instruments reported: 10 (of which action on 4 remained outstanding on 1 April 2008)

2007

2006-07 7th Teachers’ Pensions etc. Defective drafting An amendment has been made to (Reform Amendments) correct the defect reported by the JCSI. Regulations 2006 The amendment is made by regulation (S.I. 2006/3122) 6(a) of the Teachers’ Pensions (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/541. S.I. 2008/541 came into force on 1 .4.08. 200741 Returns, Departmental Instruments: Statutory Scrutinising 7th School Staffing (England) Reg 3(8) and (11) for not No suitable opportunity to amend has (Amendment) (No. 2) according with proper drafting arisen but the Department intends to Regulations 2006 practice review these Regulations later this year. (S.I. 2006/3197) 18th School Governance (New Reg 52: defective drafting Amending instrument issued. The Schools) (England) Department amended these Regulations Regulations 2007 to make this correction in the School (S.I. 2007/958) Organisation and Governance (Amendment) (England) Regulations 2007 S.I.2007/3464. The amendment came into force on 21st January 2008 18th School Governance Reg 43(b): defective drafting Amending instrument issued. The (Federations) (England) Department amended these Regulations Regulations 2007 to make this correction in the School (S.I. 2007/960) Organisation and Governance (Amendment) (England) Regulations 2007 S.I. 2007/3464. The amendment came into force on 21st January 2008.

42 Joint Committee on Statutory Instruments Instruments onStatutory Committee 42 Joint

19th Education (Supply of Defective drafting of preamble S.I. 2006/1264 has been revoked and Information about the leading to a doubt as to vires replaced by the Education (Supply of School Workforce) of regs 9 and 10 Information about the School (England) Regulations 2007 Workforce) (No. 2) (England) (S.I. 2007/1264) Regulations 2007 (S.I. 2007/2260). S.I. 2007/2260 came into force on 1 September 2007. 20th School Organisation Reg 8(5): defective drafting Amending instrument issued. The (Establishment and Department amended these Regulations Discontinuance of Schools) to make this correction in the School (England) Regulations 2007 Organisation and Governance (S.I. 2007/1288) (Amendment) (England) Regulations 2007 SI 2007/3464. The amendment came into force on 21st January 2008 20th School Governance (Parent Defective drafting: Awaiting opportunity to amend Council) (England) (a) Reg 2(2) Regulations 2007 (b) Regs 2(1) and (2) (S.I. 2007/1330) 20th School Travel (Piloting of Defective drafting Awaiting opportunity to amend Schemes) (England) Regulations 2007 (S.I. 2007/1366) 2007-08 2nd European Communities (a) Table of Contents: not (a) The Department raised with OPSI/TSO (Recognition of Professional complying with proper whether the SI template can be Qualifications) Regulations legislative practice amended so that it generates a contents 2007 (S.I. 2007/2781) (b) Reg 11(1): unexpectedly table in the form suggested by the wide use of enabling power Committee. The most recent version of the S.I. template incorporates this amendment. (b) No action is required. 3rd Education (Nutritional Reg 10: defective drafting It is intended that this will be amended Standards and by planned Regulations. Requirements for School Food) (England) Regulations 2007 (S.I. 2007/2359)

Table 4A — Department for Communities and Local Government (formerly Office of the Deputy Prime Minister): instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2006: 2 (of which action on 2 remained outstanding on 1 April 2008)

2006

2005-06

16th Housing Renewal Grants Defective drafting Awaiting opportunity to amend. The Regulations are currently being drafted (Amendment) (England) Department intends to make further which will amend the defective drafting. It Regulations 2005 Regulations, which will include is intended that these Regulations will be (S.I. 2005/3323) amendments to deal with the defective made in April 2008. drafting, by the end of 2007. [2007] 200743 Returns, Departmental Instruments: Statutory Scrutinising

27th Residential Property Tribunal Defective drafting: Awaiting opportunity to amend. The Still awaiting opportunity to amend. The (Fees) (England) Regulations Regulation 3(1)(a)(iii) and (v) Department intends to make Department has no current plans to amend 2006 (S.I. 2006/830) and fourth and fifth indents in amendments to deal with the defective the Regulations. second paragraph of drafting next time the fees are Explanatory Note amended by further Regulations. [2007]

44 Joint Committee on Statutory Instruments Instruments onStatutory Committee 44 Joint

Table 4B— Department for Communities and Local Government: instruments reported, 2007

Total number of instruments reported: 7 (of which action on 3 remained outstanding on 1 April 2008)

2007

2006-07

9th Firefighters’ Pension Defective drafting: Amending instrument made 30th January Firefighters’ Pension Scheme (England) Scheme (England) Order (a) rule 2(1) of Part 1 of the 2008. (Amendment) Order 2008 (S.I. 2008/213). 2006 (S.I. 2006/3432) Scheme set out in Schedule 1 (b) rule 1(1) of Part 2 of that Scheme

13th Town and Country Planning Article 2(2): unusual and No action necessary. The effect of the Order was to grant (General Permitted unexpected use of enabling planning permission for a limited period. Development) power That period has now expired. (Amendment) (England) Order 2007 (S.I. 2007/406)

15th Rent Repayment Orders Reg 2(3)(b): defective drafting Awaiting opportunity to amend. The defective drafting concerned an otiose (Supplementary Provisions) definition which has no effect on the (England) Regulations 2007 remaining provisions of the Regulations. (S.I. 2007/572) Should the Regulations require revision of a substantive nature in the future, the Department will ensure that the definition is deleted.

17th Town and Country Planning Part 1, Schedule 4: defective Amending instrument made 15th June Town and Country Planning (Control of (Control of Advertisements) drafting 2007. Advertisements) (England) (Amendment) (England) Regulations 2007 Regulations 2007 (S.I. 2007/1739). (S.I. 2007/783)

17th Home Information Pack Reg 43(1): defective drafting Committee’s comments incorporated in Home Information Pack (No. 2) Regulations Regulations 2007 succeeding instrument made 8th June (S.I. 2007/1667). S.I. 2007/992 was revoked (S.I. 2007/992) 2007. by the Home Information Pack (Revocation) Regulations (S.I. 2007/1525).

18th Local Authorities (Model Para 2(3) and (4) in the Model Other. In summer 2008 the Department intends to Code of Conduct) Order Code of Conduct in the consult on a new order which will revoke 2007 (S.I. 2007/1159) Schedule: unexpected use of and replace S.I. 2007/1159. It intends to powers commence section 183 of the Local Government and Public Involvement in Health Act 2007, in relation to England and to police authorities in Wales, before spring 2009 and make the new order at the same time.

18th Local Government Pension (a) failure to comply with (a) and (b) Committee’s comments (a) and (b) The Local Government Pension Scheme (Benefits, proper legislative practice incorporated in succeeding instruments Scheme (Transitional Provisions) Membership and (b) defective drafting made 6th February 2008. Regulations 2008 (S.I. 2008/238) and the Contributions) Regulations Local Government Pension Scheme 2007 (S.I. 2007/1166) (c) Reg 7(5): defective drafting (c) Awaiting opportunity to amend. (Administration) Regulations 2008

(S.I. 2008/239). 200745 Returns, Departmental Instruments: Statutory Scrutinising

46 Joint Committee on Statutory Instruments Instruments onStatutory Committee 46 Joint

Table 5 — Department for Culture, Media and Sport: instruments reported, 2007

Total number of instruments reported: 4 (of which action on 2 remained outstanding on 1 April 2008)

2007 2006-07 7th Films (Certification) Regs 7(2): defective drafting DCMS provided an EM, as requested by Defective drafting rectified by article 3 of Regulations 2006 the Committee, on 23 January 2007. the Films (Certification) (Amendment) (S.I. 2006/3281) Committee’s comments incorporated in Regulations 2007 (S.I. 2007/3478). succeeding instrument.

11th Gambling Act 2005 Reg 2(2): defective drafting DCMS provided an EM, as requested by (Proceedings of Licensing the Committee, on 26 February 2007. Committees and Sub- Awaiting opportunity to amend/act on committees) (Premises comments. Licences and Provisional Statements) (England and Wales) Regulations 2007 (S.I. 2007/173) 19th Licensing Act 2003 (Welsh Defective drafting DCMS provided an EM, as requested by The Department regretted the error but Language Forms) Order 2007 the Committee, on 23 May 2007. considered the most appropriate course of (S.I. 2007/805) Awaiting opportunity to amend/act on action was to rely on the likely validity of comments. the Order in the event of a legal challenge, rather than attempting to correct it, until an opportunity to correct the error arose. The Department has identified two potential opportunities to correct the error, through the means of SI projects due for completion later in 2008. 2007-08 1st Small Society Lotteries Schedule: requires elucidation DCMS provided an EM, as requested by The Committee expressed the view that (Registration of Non- the Committee, on 19 October 2007. paragraph 15b of the application form in Commercial Societies) No action necessary. the regulations was misleading as regards Regulations 2007 the position in Scotland until the Scottish (S.I. 2007/2328) regulations came into force on 24 September 2007. Given that the Scottish

regulations are now in force and the reported Regulations accurately reflect the position in England, Wales and Scotland, the Department does not consider that there is now any scope for taking corrective action.

Scrutinising Statutory Instruments: Departmental Returns, 200747 Returns, Departmental Instruments: Statutory Scrutinising

48 Joint Committee on Statutory Instruments Instruments onStatutory Committee 48 Joint

Table 6A — Department for Environment, Food and Rural Affairs: instruments outstanding from 2006 and earlier

Total number of instruments outstanding: from: 1997: 1 (of which action on 1 remained outstanding on 1 April 2008) 2000: 1 (of which action on 0 remained outstanding on 1 April 2008) 2001: 1 (of which action on 1 remained outstanding on 1 April 2008) 2003: 1 (of which action on 0 remained outstanding on 1 April 2008) 2004: 4 (of which action on 3 remained outstanding on 1 April 2008) 2005: 3 (of which action on 2 remained outstanding on 1 April 2008) 2006: 2 (of which action on 1 remained outstanding on 1 April 2008)

1997

1997–98 13th Fish Health Regulations 1997 Regulations 11(1) and 15(1): It is expected that the Regulations will The Department is on target to revoke the (S.I. 1997/1881) defective drafting. require updating and amendment within Regulations this year 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 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 200749 Returns, Departmental Instruments: Statutory Scrutinising made later this year. [2006] 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. [2007] 1998; 1999 - NIL

2000

1999-2000 32nd Water Supply and Sewerage Regulation 2(3): defective Awaiting opportunity to amend. The These Regulations were revoked and Services (Customer Service drafting. amending Regulations have been drafted replaced by the Water Supply and Sewerage Standards) (Amendment) and it is hoped to have them in place Services (Customer Service Standards) Regulations 2000 before the end of July 2001. [2001] Regulations 2008 (S.I. 2008/594), which came (S.I. 2002/2301) The Department regrets that the into force on 1st April 2008. amendment has not yet been made, and undertakes to bring forward an amendment shortly. [2002/3] The Department regrets that an

50 Joint Committee on Statutory Instruments Instruments onStatutory Committee 50 Joint

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 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] 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 expected that the Regulations will be made with a view 200751 Returns, Departmental Instruments: Statutory Scrutinising to commencement by 1st April 2008. [2007] 2001

2001-02 2nd Fisheries and Aquaculture Regulation 17(1): defective Awaiting opportunity to amend – The Department intends to make an Structures (Grants) (England) drafting. amendment likely to be made in amending instrument before the 2008 Regulations 2001 2004.[2002] summer recess. (S.I. 2001/1117) 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]

52 Joint Committee on Statutory Instruments Instruments onStatutory Committee 52 Joint

Awaiting opportunity to amend. It is expected that amending Regulations will be made in 2008. [2007] 2002 - NIL

2003 2002–03

29th Disease Control (England) Articles 2, 14(3) and 20(1): Awaiting opportunity to amend. This The necessary amendments were made in Order 2003 (S.I. 2003/1729) defective drafting Order is intended to be amended in S.I. 2008/1066 (made 9 April, coming into Autumn 2004 (following consultation); force 12 May). 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. [2007] 2004 2003-04 5th African Swine Fever Defective drafting; failure to Awaiting opportunity to act on Subject to the necessary diversion of (England) Order 2003 (SI implement a provision in the comments. The Department plans to resources in the event of any further animal 2003/2913) relevant Directive; doubtful replace the instrument this year, the disease outbreak, it is intended to revoke vires. current intention being to make the new and remake this Order in the second half SI under the European Communities Act of 2008.

1972. [2005] 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] 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. [2007] 33rd Genetically Modified Defective drafting Amendment will be made at first It is intended to include appropriate Organisms (Traceability and available opportunity. [2005] amendments within secondary legislation Labelling) (England) Awaiting opportunity to amend. [2006, dealing with GM / non-GM coexistence. The Regulations (SI 2004/2412) 2007] Department cannot yet be specific about the timing as it is dependent on a number of external factors, including the

Commission of the European Union 200753 Returns, Departmental Instruments: Statutory Scrutinising bringing forward seeds thresholds.

33rd Plant Health (Phytophthora Defective drafting It is expected that the amendments will The corrections have been made, by Ramorum) (England) Order be made in the summer of 2005. [2005] S.I. 2007/2155. 2004 (SI 2004/2590) 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. [2007] 33rd Genetically Modified Defective drafting Amendment will be made at first It is intended to include appropriate Organisms (Transboundary available opportunity. [2005] amendments within secondary legislation Movements) (England) Awaiting opportunity to amend. [2006, dealing with GM / non-GM coexistence. The Regulations 2004 2007] Department cannot yet be specific about (SI 2004/2692) the timing as it is dependent on a number of external factors, including the Commission of the European Union bringing forward seeds thresholds.

54 Joint Committee on Statutory Instruments Instruments onStatutory Committee 54 Joint

2005 2005-06

2nd Sea Fishing (Restriction on Article 10: failure to implement This Order is due to be revoked by It is planned to make an instrument in 2008 Days at Sea Order) 2005 properly the relevant provision summer 2006. The replacement Order will which will address the Committee's (S.I. 2005/393) of the Council Regulation and act on the Committee’s comments. [2006] comments. defective drafting Awaiting opportunity to amend. An amendment to these Regulations which will address the Committee’s comments is planned for 2007. [2007] 4th Hazardous Waste (England Defective drafting Awaiting opportunity to amend. The Amendment made; see regulations 2 and 3 and Wales) Regulations 2005 Department plans to address this as part of the Waste and Air Pollution (S.I. 2005/894) of a wider revision of the instrument. (Miscellaneous Amendments) Regulations Consultation on these changes is intended 2007, SI 2007/3476. 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. [2007] 6th Registration of Fish Buyers Regulation 1(3) and (4): Awaiting opportunity to amend. A The Department remains on target to make and Sellers and Designation defective drafting review of the system is to be undertaken the corrections this year. of Fish Auctions Sites in 2006, with amendments to follow. Regulations 2005 [2006] (S.I. 2005/1605) Awaiting opportunity to amend. The Regulations will be reviewed during 2007 with the aim of making necessary amendments in 2008. [2007] 2006 2005-06 25th Water Resources (Abstraction Regulation 6(3): defective Awaiting opportunity to amend. It is This defect was corrected by regulation 2(2) and Impounding) Regulations drafting expected that an amendment will be of the Water Resources (Abstraction and 2006 (S.I. 2006/641) made to come into force by 1st October Impounding) (Amendment) Regulations 2007. [2007] 2008, S.I.2008/165. These Regulations were issued free of charge, and they came into force on 29th February 2008.

25th Controls on Dogs (Non- Defective drafting No action necessary. The Department The Department has reviewed this SI and application to Designated does not agree with the Committee’s now intends to amend it to make it clearer, Land) Order 2006 views and therefore does not propose to when there is capacity in its drafting (S.I. 2006/779) take any further action. [2007] programme. Scrutinising Statutory Instruments: Departmental Returns, 200755 Returns, Departmental Instruments: Statutory Scrutinising

56 Joint Committee on Statutory Instruments Instruments onStatutory Committee 56 Joint

Table 6B — Department for Environment, Food and Rural Affairs: instruments reported, 2007

Total number of instruments reported: 9 (of which action on 4 remained outstanding on 1 April 2008)

2007

2006-07 13th Welfare of Animals (a) defective drafting The Department will review the need to (Slaughter or Killing) (b) Regs 2(4) and Schedule 7A: amend these Regulations to reflect the (Amendment) (England) defective drafting JCSI’s comments when they next fall to be Regulations 2007 amended. (S.I. 2007/402) 15th Cattle Identification Defective drafting Correcting free instrument made Regulations 2007 (S.I. 2007/1046). (S.I. 2007/529)

18th Environmental Impact (a) Reg 21(2): defective The Department will be preparing an Assessment and Natural drafting amending instrument shortly. Habitats (Extraction of (b) Reg 21: unexpectedly Minerals by Marine limited use of enabling power Dredging) (England and Northern Ireland) Regulations 2007 (S.I. 2007/1067)21 23rd Animals and Animal Reg 12: defective drafting The Department anticipates that Products (Import and appropriate amending regulations due to Export) (England) be made this year may be used to correct (Laboratories, Circuses and this error. Avian Quarantine) Regulations 2007 (S.I. 2007/1621)

21 Responsibility transferred from the Department for Communities and Local Government

27th Plant Protection Products Defective drafting Omission corrected in S.I. 2007/2466. (Amendment) (No.2) Regulations 2007 (S.I. 2007/1941)

28th Heather and Grass etc. Unexpectedly limited use of The Department has noted the Burning (England) enabling power Committee’s comments. It intends to Regulations 2007 amend regulation 7 to refer to the (S.I. 2007/2003) consideration of any representations made, when a suitable opportunity and resources permit. 2007-08 1st Large Combustion Plants Reg 5(7): defective drafting The necessary amendment was made by (National Emission regulation 4 of the Waste and Air Reduction Plan) Regulations Pollution (Miscellaneous Amendments) 2007 (S.I. 2007/2325) Regulations 2007 (SI 2007/3476) 2nd Water Supply (Water Preamble: defective drafting The Department acknowledged that the Quality) Regulations 2000 preamble should have been differently (Amendment) Regulations drafted, and the Committee accepted the 200757 Returns, Departmental Instruments: Statutory Scrutinising 2007 (S.I. 2007/2734) Department’s view that the validity of the Regulations was not affected. Since the view that the preamble cannot be amended has wide acceptance (including from the Committee), the Department will be unable to take any further action until these Regulations are either repealed by later amendment or the Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184) are consolidated. Given that substantial work was done in 2007 on this legislation, there are no settled plans for further work at the moment. 4th Plant Health (England) Failure to comply with No further action required. (Amendment) (No. 3) Order Statutory Instrument Practice 2007 (S.I. 2007/3133)

58 Joint Committee on Statutory Instruments Instruments onStatutory Committee 58 Joint

Table 7 — Department of Health: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2003: 1 (of which action on 0 remained outstanding on 1 April 2008) 2005: 2 (of which action on 0 remained outstanding on 1 April 2008) 2006: 3 (of which action on 2 remained outstanding on 1 April 2008)

Normal print = no further action required. Bold print = action not completed by 1 April 2008. 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 12th Tobacco Products Doubt as to whether Awaiting opportunity to amend. The issue raised by the Committee in their (Manufacture, Presentation regulations adequately The Department considers that, pending 12th Report of 2002—3 on the Tobacco and Sale) (Safety) Regulations implement the relevant amendment, the present wording will in Products (Manufacture, Presentation and 2002 (S.I. 2002/3041) Directive practice prohibit the sale of non- Sale) (Safety) Regulations 2002 compliant tobacco products.[2004] (S.I. 2002/3041) has been addressed by It is proposed to amend the Regulations regulations 4 and 5 of the Tobacco Products in line with the Committee's Report at the (Manufacture, Presentation and Sale) first suitable opportunity. The (Safety) (Amendment) Regulations 2007 Department notes that it has frequent (S.I. 2007/2473). 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] Awaiting opportunity to amend. [2007] 2004 - NIL 2005 2005-06 2nd National Health Service Defective drafting and Regulations to amend these Regulations This was corrected by regulation 4(3)(c) and (General Ophthalmic Services unexpected use of enabling in the light of the JCSI’s Report are in (4) of the Contact Lens (Specification) and Supplementary List) and power. draft. However, the draft, as is usual, also Miscellaneous Amendments regulations (General Ophthalmic Services includes other amendments to these 2005 (S.I. 2005/1481) which were made on Amendment and regulations and to the National Health 6th June 2005 and came into force on

Consequential Amendment) Service (General Ophthalmic Services) 30th June 2005. Regulations 2005 Regulations 1986, which have been (S.I. 2005/480) delayed by unexpected difficulties. They are expected to be laid and made in 2006/07, probably in the first quarter. [2006] 3rd National Health Service Defective drafting (para 2.2 of Amendments to the Pharmaceutical The Department has amended the (Pharmaceutical Services) JCSI report) Services Regulations are currently being provisions in question and corrected the Regulations 2005 drafted, which will address the concerns references in the NHS (Pharmaceutical (S.I. 2005/641) raised in the Committee’s Report. It is Services) (Amendment) Regulations 2006 hoped to have the Amending Regulations (S.I. 2006/3373) (by regulations 10,11, 12, in place this Summer. [2006] 13, 15, 16, 18, 19(a)(c), 21(e), 22, 23, 26, 28, 29, 31, 33, 34,37, 41(3) (4),43(2) ((3)). This instrument was made on 13th December 2006, laid before Parliament on 18th December 2006 and came into force on 19th January 2007.

2006 200759 Returns, Departmental Instruments: Statutory Scrutinising 2005-06 30th Human Tissue Act 2004 Defective drafting : Awaiting opportunity to amend. The Still awaiting an opportunity to amend. (Ethical Approval, Exceptions Regulation 3(4)(b)(i) and (iii) Department has not yet had the from Licensing and Supply of opportunity to amend regulation Information about 3(4)(b)(i) and (ii) and intends to do so at Transplants) Regulations the first convenient opportunity. [2007] 2006 (S.I. 2006/1260) 2006-07 1st Blood Safety and Quality Regulation 9(1)(f): defective Awaiting opportunity to amend/act on An amendment to rectify this error was (Amendment) Regulations drafting comments. Due to an oversight, the included in the Medicines for Human Use 2006 (S.I. 2006/2013) Department did not include the necessary (Clinical Trials) and Blood Safety and Quality amendment in the regulations increasing (Amendment) Regulations 2008 (S.I. fees for April 2007 (SI 2007/604). However 2008/941). The instrument was made on 31st the necessary amendment will be March 2008, laid before Parliament on 7th included in the next amendment to the April 2008 and the relevant regulation regulations; at the latest in the came into force on 1st May 2008. instrument to increase the fees with effect from 1st April 2008. [2007]

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1st National Health Service Regulation 9(d): defective Awaiting opportunity to amend/act on Still awaiting an appropriate opportunity (Complaints) Amendment drafting comments. The Department’s White to amend this minor drafting ambiguity Regulations 2006 Paper – Our Health, Our Care, Our Say – which does not appear to be causing (S.I. 2006/2084) issued in January 2006 included a problems in practice. Public consultation on commitment to develop a single a new complaints system has recently complaints process across health and closed and it is currently intended that new social care by 2009. The Department regulations will be drafted to come into intends to pick up this drafting point in force in April 2009. regulations made in response to that commitment. [2007]

Table 8A — Department for Transport: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2003: 1 (of which action on 0 remained outstanding on 1 April 2008) 2004: 2 (of which action on 1 remained outstanding on 1 April 2008) 2005: 1 (of which action on 0 remained outstanding on 1 April 2008) 2006: 1 (of which action on 1 remained outstanding on 1 April 2008)

2003 2002–03 16th Motor Vehicles (Compulsory Regulation 2(1); defective Regulation 2(1) will be amended at the Amending instrument was made on 17 Insurance)(Information drafting earliest opportunity. The amendment to October 2007 and laid before Parliament Centre and Compensation regulation 2(1) requires the revocation on 19 October 2007: the Motor Vehicles Body) Regulations 2003 of an otiose definition. [2004] (Compulsory Insurance) (Information

(S.I. 2003/37) The Department is still awaiting a Centre and Compensation Body) 200761 Returns, Departmental Instruments: Statutory Scrutinising suitable opportunity to make the (Amendment) Regulations 2007 (S.I. amendment. [2005] 2007/2982). An amending instrument is expected to be made and laid later this year. [2006] The Department proposes that an instrument removing the otiose definition be made during 2007. [2007] 2004

2003-04 13th Private Hire Vehicles Regulation 6(1)(d) and (e) and No action necessary. These Regulations Amending instrument was made on 6 (London) (Transitional regulation 6(4): defective contained transitional provisions which December 2007 and laid before Parliament Provisions) Regulations 2004 drafting were necessary for the commencement on 10 December 2007: the Private Hire (S.I. 2004/242) of provisions of the Private Hire Vehicles Vehicles (London) (Transitional Provisions) (London) Act 1998 being brought into (Amendment) Regulations 2007 (S.I. force on 8th March 2004. No suitable 2007/3453). 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

62 Joint Committee on Statutory Instruments Instruments onStatutory Committee 62 Joint

correspondence with the permit holders, without requiring amending legislation. For current licensing purposes the relevant provisions of the 1998 Act now apply. [2005] 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] 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. [2007] 13th Merchant Shipping (High Regulation 10(3): defective Awaiting opportunity to amend. The Still awaiting opportunity to amend. The Speed Craft) Regulations drafting JCSI considered that the defence in general revision of the Merchant Shipping 2004 (S.I. 2004/302) regulation 10(3) should only apply to (High Speed Craft) Regulations 2004 is offences under regulation 10(1) and not taking longer than expected. However the to offences under regulation 9. The Department is now exploring the Department proposes to amend possibility of making some amendments regulation 10(3) at the next suitable of detail to those Regulations before the opportunity to disapply regulation 9(1) general revision takes place. If any such and (2). However, the Department has detailed amendments proceed, the concluded that the defence in regulation amendments required by the JCSI will be 10(3) could have practical application in included in the amending instrument. 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. [2007] 2005 2004-05

10th Transport for London Schedule 1: defective drafting Preparation of an amending instrument Amending instrument was made on 9 (Consequential Provisions) will be put in hand; instrument likely to October 2007 and laid before Parliament on Order 2005 (S.I. 2005/56) be made in 2006. [2006] 11 October 2007: the Transport for London The Department proposes that an (Consequential Provisions) Order 2007 200763 Returns, Departmental Instruments: Statutory Scrutinising instrument to make the missed (S.I. 2007/2935). consequential amendment be made in 2007. [2007] 2006

2005-06 37th Merchant Shipping and Regulation 6(1):defective Awaiting opportunity to amend. Preparation of the amending instrument Fishing Vessels (Provision drafting Preparation of an amending instrument is was delayed due to limited staff resources and Use of Work Equipment) in hand; the instrument is likely to be and the need to establish whether an Regulations 2006 made before the end of 2007. [2007] impact assessment was required. However, (S.I. 2006/2183) a 12 week consultation on the draft began in March and the Department anticipates the instrument being made in late June or early July 2008.

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Table 8B — Department for Transport: instruments reported, 2007

Total number of instruments reported: 2 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

13th Air Navigation Articles 4(11) and (13): Amending instrument was made on 12 The Air Navigation (Amendment) (No. 2) (Amendment) Order 2007 defective drafting December 2007 and laid before Order 2007 (S.I. 2007/3467). (S.I. 2007/274) Parliament on 19 December 2007.

22nd Road Tunnel Safety (a) Regs 5(2)(c), 9(3), 13, 15(7), Amending instrument is currently being The amending instrument is likely to be Regulations 2007 EN: defective drafting drafted. made before the end of 2008. (S.I. 2007/1520) (b) Regs 12(3), 20: unexpected use of enabling power

Table 9A — Department for Work and Pensions: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2001: 1 (of which action on 0 remained outstanding on 1 April 2008) 2005: 2 (of which action on 1 remained outstanding on 1 April 2008)

2001

2001-02

3rd Biocidal Products Regulations Regulation 25(6): defective In relation to regulation 25(6) of the There has been an exchange of 2001 (S.I. 2001/880) drafting Regulations there is ongoing correspondence between the HSE and the correspondence- last letter HSE to JCSI Committee. The Committee has accepted dated 5/12/2006. [2007] that the guidance issued in November 2006

goes a good way towards meeting its 200765 Returns, Departmental Instruments: Statutory Scrutinising original concerns, “in practice if not conceptually”.22 2002; 2003; 2004 - NIL 2005 2005-06 4th Manufacture and Storage of Defective drafting: (a) and (b) Awaiting opportunity to The necessary amendments were made by Explosives Regulations 2005 (a) Regulation 2(1) amend. The opportunity to amend is regulation 2(2)(b) and (3) of the (S.I. 2005/1082) (b) Regulation 9(2) likely to be later this year or in 2007. Manufacture and Storage of Explosives and [2006] the Health and Safety (Enforcing Authority) The amending provisions have been (Amendment and Supplementary drafted and it is intended that the Provisions) Regulations 2007 (S.I. instrument to make the amendments will 2007/2598). These were made on 5th be made by 6th April 2008. [2007] September 2007, laid before Parliament on 10th September 2007 and came into force on 1st October 2007.

22 The correspondence dated 5.12.06 did not reach the Committee. The copy correspondence sent in May 2007 has been considered by the Committee and is printed in the Appendix together with the Chairman’s reply.

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13th Social Fund Maternity and Regulation 5: unexpected use No remedial action required. As it said in Amendment of the Regulations has been Funeral Expenses (General) of enabling power. paragraph 9 of its Memorandum to the postponed because of challenges and Regulations 2005 JCSI, the Department will be amending amendments to primary legislation which (S.I. 2005/3061) the Regulations in the light of the could have resulted in further amendments judgment in Francis given on 10 to the same provision. The challenges were November 2005 (after the Regulations not proceeded with or were unsuccessful. had been made and laid before Policy in relation to a Bill going through Parliament). The Department is Parliament is still under consideration but considering what changes to make to the recent decisions have been made so the Regulations given the various amendment of the Regulations will now circumstances in which residence orders proceed. Further amendments are expected are granted and associated policy next year as a result of other amendments considerations. In the meantime, to primary legislation. 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. [2007] 2006 - NIL

Table 9B— Department for Work and Pensions: instruments reported, 2007

Total number of instruments reported: 3 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

5th Housing Benefit and Council Regs 2(3), 3(3), 4(3) and 5(3); New regulations substituted by the Social Tax Benefit (Amendment) defective drafting Security (Miscellaneous Amendments) (No. 2) Regulations 2006 Regulations 2007 (S.I. 2007/719). (S.I. 2006/2967)

10th Occupational and Personal Reg 9(a): failure to accord with The Department has noted the 200767 Returns, Departmental Instruments: Statutory Scrutinising Pension Schemes (Prescribed proper drafting practice Committee’s concern and will take steps to Bodies) Regulations 2007 ensure that future drafting accords with (S.I. 2007/60) proper practice.

2007-08

3rd Social Security Reg 3(7): defective drafting This will be corrected by the Social (Miscellaneous Security (Miscellaneous Amendments) (No. Amendments) (No. 4) 2) Regulations 2008. This instrument has Regulations 2007 still to be made but it is expected that it (S.I. 2007/2470) will be made shortly, and if made in the form as currently drafted, the relevant regulation will come into force on 5th May 2008.

68 Joint Committee on Statutory Instruments Instruments onStatutory Committee 68 Joint

Table 10— Food Standards Agency: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from; 2005: 1 (of which action on 1 remained outstanding on 1 April 2008) 2006: 1 (of which action on 0 remained outstanding on 1 April 2008)

2005

2005-06

13th Bovine Products (Restriction a) Regulation 3: defective (a) Regulation 3 of S.I. 2005/3068 It is intended that the prohibition in on Placing on the Market) drafting –early amendment The prohibition in regulation 3 replaced regulation 3 of S.I. 2005/3068 will be (England) (No.2) recommended the “over thirty month rule”, under moved to a statutory instrument that Regulations 2005 which meat derived from bovine Defra are planning to enact. Among other (S.I. 2005/3068) b) 5(4)(b) : defective drafting animals aged over 30 months at things, that instrument will revoke S.I. slaughter could not be sold for human 2005/3068. We anticipate that consultation consumption. The transition to the new on the contents of the proposed rule has gone smoothly and there has instrument will commence by the end of been no indication from the industry or March 2008. The Agency has suggested to enforcement bodies that they are Defra that in re-enacting the prohibition at concerned that regulation 3 might apply regulation 3 of S.I. 2005/3068 they adopt to milk products. Given that the wording suggested by the Joint stakeholders are still coming to terms Committee on Statutory Instruments in its with the new statutory regime Tenth Report of Session 2005-2006. governing the placing on the market of products from older bovines, the Regulation 5(4)(b) of S.I. 2005/3068 was Agency considers that it would be corrected by S.I. 2007/1755, which came unhelpful to accept the Committee’s into force on 21 June 2007. 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. 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 Scrutinising Statutory Instruments: Departmental Returns, 200769 Returns, Departmental Instruments: Statutory Scrutinising 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] 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. [2007]

(b) Regulation 5(4)(b) This will be corrected at the first opportunity. [2006] No suitable opportunity has arisen to correct regulation 5(4)(b), but it is

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anticipated that the defect will be corrected by an instrument expected to come into force on 1.1.2008. [2007]

2006

2005-06

28th Ceramic Articles in Contact Paragraph 1(5), Schedule 3: As regards paragraph 1(5) of Schedule 3, Paragraph 1(5) of Schedule 3 to S.I. with Food (England) defective drafting as the DTI explained in its memorandum 2006/1179 was corrected by S.I. 2007/2790, Regulations 2006 to the Committee, the responsibility for which for that purpose came into effect on (S.I. 2006/1179) this legislation now lies with the Food 29 October 2007. 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. [2007]

Table 11— Foreign and Commonwealth Office: instruments reported, 2007

Total number of instruments reported: 1 (of which action on 0 remained outstanding on 1 April 2008)

2007

2006-07

10th North Korea (United Nations Defective drafting: Amending instrument issued. Came into force on 4th May 2007. Title is Measures) (Overseas (a) definition of “prohibited The North Korea (United Nations Territories) Order 2006 luxury goods” in article 2(1) as Measures) (Overseas Territories) (S.I. 2006/3327) read with article 3 (Amendment) Order 2007. SI 2007 (b) article 2(1) No.1347). Scrutinising Statutory Instruments: Departmental Returns, 200771 Returns, Departmental Instruments: Statutory Scrutinising

72 Joint Committee on Statutory Instruments Instruments onStatutory Committee 72 Joint

Table 12— Government Equalities Office: instruments reported, 2007

Total number of instruments reported: 1 (of which action on 0 remained outstanding on 1 April 2008)

2007

2007-08

5th Draft Sex Discrimination Act Unexpected use of enabling Draft 2007 regulations were withdrawn. See the Sex Discrimination (Amendment of 1975 (Amendment) power Committee’s comments incorporated Legislation) Regulations 2008 (S.I. 2008/963) Regulations 200723 into succeeding instruments which came and the Sex Discrimination Act 1975 into force on 6th April 2008. (Amendment) Regulations 2008 (S.I. 2008/656). The coming into force of these instruments at the same time dealt with the Committee’s concerns.

23 Instrument made by DCLG – responsibility transferred to GEO

Table 13A— Home Office: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from; 2004: 1 (of which action on 1 remained outstanding on 1 April 2008) 2006: 1 (of which action on 1 remained outstanding on 1 April 2008)

2004

2003-04

16th Police (Conduct) Regulations Defective drafting Awaiting an opportunity to amend. Awaiting an opportunity to amend. 2004 (S.I. 2004/645) [2005, 2006, 2007] Regulations to be revoked and replaced Regulations to be revoked and replaced by new Regulations. It is hoped these will

by new Regulations. It is hoped these be made in 2008 after changes are made 200773 Returns, Departmental Instruments: Statutory Scrutinising will be made in 2008 after changes are to the enabling powers in the current made in to the enabling powers in Criminal Justice and Immigration Bill. primary legislation. That legislation has not yet been introduced. [2007]

2005 - NIL

2006

2006-07

1st Crime and Disorder Act 1998 Ambulatory provision in Awaiting opportunity to amend. The Awaiting opportunity to amend. The (Intervention Orders) Order article 4(a): doubtful vires. Department hopes to make an Department still hopes to make an 2006 (S.I. 2006/2138) amending instrument shortly to remove amending instrument to remove the the ambulatory provision. [2007] ambulatory provision.

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Table 13B — Home Office: instruments reported, 2007

Total number of instruments reported: 3 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

9th Police Pensions Regulations Schedule 5, para 13: defective Awaiting opportunity to amend. The The Department originally anticipated 2006 (S.I. 2006/3415) drafting Department intends to make amending making the necessary amendment within regulations shortly. the first 6 months of 2007. However, the Regulations which will make this amendment will also contain key changes to the Police Pensions Regulations 2006 and related Regulations and consultation on these changes has been ongoing with key stakeholders throughout 2007 and into 2008.

17th Immigration (Leave to (a) Defective drafting (a) no action necessary (a) The Regulations only continue to have Remain) (Prescribed Forms (b) Unjustified breach of 21- (b) no action necessary effect in relation to applications made and Procedures) Regulations day Rule before 29 February 2008; application 2007 (S.I. 2007/882) forms and procedures are now specified under paragraph 34 to 34J of the Immigration Rules (b) The Department has apologised for the breach of the 21-day rule, which did not affect the validity of the Regulations

26th Crime and Disorder Requires elucidation No action necessary; elucidation was No action necessary; elucidation was (Prescribed Information) provided in a memorandum to the provided in a memorandum to the Regulations 2007 (S.I. Committee. Committee. 2007/1831)

Table 14A— HM Revenue & Customs (previously Inland Revenue): instruments outstanding from 2006 and earlier

Total number of instruments outstanding from 2003: 1 (of which action on 0 remained outstanding on 1 April 2008) 2006: 1 (of which action on 0 remained outstanding on 1 April 2008)

2003

2002-03

19th Child Benefit and Regulation 20: unnecessarily Although the drafting of the provision In addition to the reasons set out in Guardian’s Allowance obscure drafting was obscure, and a saving provision may previous years it is now most unlikely that (Administration) have been an alternative, it is not there is any person who is subject to these Regulations 2003 thought that it would have been any provisions. Regulation 20 applies only to a

(S.I. 2003/492) clearer. The provision in any event child benefit claim made before 14 March 200775 Returns, Departmental Instruments: Statutory Scrutinising affects a diminishing group.[2004] 1982. So the minimum age of a qualified None [2005] child will be 26 years. If the child in No action will be taken. [2006] question has been in full time education The Commissioners note the continuously since the age of 16, this Committee’s repeated call for remedial would theoretically be possible, but it is action, but must beg to differ. They still highly unlikely. 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.[2007]

2006

2005-06

16th Hydrocarbon Oil Duties Failure to comply with proper We did say at the time that we proposed Amending instrument issued: Biofuels and (Reliefs for Electricity drafting practice to amend the Regulations as soon as a Hydrocarbon Oil Duties (Miscellaneous Generation) Regulations suitable opportunity arises. There has Amendments) Regulations 2007 2005 (S.I. 2005/3320) been no suitable opportunity to amend (S.I. 2007/3307) laid on 23rd November

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the Regulations although the 2007. See regulation 5. Commissioners will continue to seek to identify such an opportunity. The Commissioners do not believe, whilst regrettable, there is any urgent need to rectify the inconsistencies identified by the Committee as it does not affect the substance of the Regulations. [2007]

Table 14B — HM Revenue & Customs: instruments reported, 2007

Total number of instruments reported: 2 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

23rd Biofuels and Other Fuel (a) defective drafting Two amending instruments issued: Biofuels and Hydrocarbon Oil Duties Substitutes (Payment of (b) Reg 9: defective drafting the first was laid on 22nd November (Miscellaneous Amendments) Regulations Excise Duties etc) 2007 and the second on 19th March 2007 (S.I. 2007/3307). See regulations 2 to (Amendment) Regulations 2008. 4. 2007 (S.I. 2007/1640) The Hydrocarbon Oil, Biofuels and Other Fuel Substitutes (Determination of 200777 Returns, Departmental Instruments: Statutory Scrutinising Composition of a Substance and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/753). See regulation 8(3).

28th Social Security Defective drafting It is intended to deal with the (Contributions) Committee’s point in further (Amendment No. 5) Regulations which will deal with the Regulations 2007 subject of managed service companies. (S.I. 2007/2068) Pressure of work within the Department has had the consequence that Instructions for these further Regulations have yet to be delivered, but it is hoped that this matter will receive further attention soon.

78 Joint Committee on Statutory Instruments Instruments onStatutory Committee 78 Joint

Table 15A— Ministry of Defence: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from 1997: 1 (of which action on 1 remained outstanding on 1 April 2008) 2006: 1 (of which action on 1 remained outstanding on 1 April 2008)

1997

1997–98

3rd Reserve Forces Appeals Rule 28(1): Limited use of The Department has been unable to As stated in our Memorandum to the Tribunal Rules 1997 powers. review how the Rules work in practice Committee dated 12 June 1997, we have (S.I.1997/798) as no appeals have been made. Call-out examined the RFAT Rules, since has to date been strictly limited to the introduction of which some 21,000 volunteers whose employers had clearly Reservists have been mobilised and 149 signified assent. Until call-out is appeals registered. In none of the 116 widespread and compulsory, we believe cases withdrawn subsequently have costs that appeals will be infrequent. [1998] been awarded where the appellant The Department has been unable to decided not to proceed after receiving review how the Rules work in practice notice of the details of the hearing, of as no appeal to the Reserve Forces which there have been 31 to date. For Appeals Tribunal has yet been made. these reasons, the Department continues [1999] to see no reason to extend S.I. 1997/798 in Because of the very limited number of the manner suggested by the Committee appeals, the Department has still not in its note of 6 June 1997. 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 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 Scrutinising Statutory Instruments: Departmental Returns, 200779 Returns, Departmental Instruments: Statutory Scrutinising 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] 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

80 Joint Committee on Statutory Instruments Instruments onStatutory Committee 80 Joint

Committee in its note of 6 June 1997. [2007]

1998,1999; 2000; 2001; 2002; 2003; 2004; 2005 – NIL

2006

2005-06

37th Courts-Martial (Prosecution Does not conform to proper Awaiting opportunity to act on The Secretary of State has now made the Appeals) (Supplementary legislative practice comments. [2007] Criminal Procedure and Investigations Act Provisions) Order 2006 1996 (Application to the Armed Forces) (S.I. 2006/1788) Order 2008 (S.I. 2008/635), bringing in provisions equivalent with modifications to those of Part 1 of the Criminal Procedure and Investigations Act 1996. Accordingly, the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788) is now being amended so as to include a comparable definition of “public interest ruling” to that in the Criminal Procedure Rules.

Table 15B — Ministry of Defence: instruments reported, 2007

Total number of instruments reported: 1 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

16th Air Force Act 1955 (Part 1) Defective drafting: Awaiting opportunity to amend An amending instrument has been Regulations 2007 (a) reg 3(1) and Schedule 1 drafted and will be laid in Parliament (S.I. 2007/651) (b) reg 3(2) before the 2008 Summer recess.

Scrutinising Statutory Instruments: Departmental Returns, 200781 Returns, Departmental Instruments: Statutory Scrutinising

82 Joint Committee on Statutory Instruments Instruments onStatutory Committee 82 Joint

Table 16A— Ministry of Justice (formerly Department for Constitutional Affairs): instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 2003: 3 (of which action on 0 remained outstanding on 1 April 2008) 2005: 2 (of which action on 1 remained outstanding on 1 April 2008) 2006: 3 (of which action on 1 remained outstanding on 1 April 2008)

2003

2002–03 25th Town and Country Planning (a) Defective drafting (a) Awaiting opportunity to amend. The This SI was corrected by the Town and (Inquiries Procedure) (Wales) National Assembly for Wales is aiming to Country Planning (Amendment Appeals Rules 2003 (S.I. 2003/1266) (b) Failure to comply with proper correct these Rules by the end of 2004. Procedures) (Wales) Rules 2007 (SI drafting practice [2004] 2007/2285). This was laid before Parliament on 2nd August 2007 and came into force on (b) No action necessary. [2004] 1st September 2007.

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. [2007] 25th Town and Country Planning (a) Defective drafting (a) Awaiting opportunity to amend. The This SI was corrected by the Town and Appeals (Determination by National Assembly for Wales is aiming to Country Planning (Amendment Appeals Inspectors) (Inquiries (b) Failure to comply with proper correct these Rules by the end of 2004. Procedures) (Wales) Rules 2007 (SI Procedure) (Wales) Rules 2003 drafting practice [2004] 2007/2285). This was laid before Parliament (S.I. 2003/1267) on 2nd August 2007 and came into force on (b) No action necessary. [2004] 1st September 2007. 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. [2007] 25th Town and Country Planning Defective drafting The National Assembly for Wales is This SI was corrected by the Town and (Enforcement) (Inquiries aiming to correct these Rules by the end Country Planning (Amendment Appeals Procedure) (Wales) Rules 2003 of 2004. [2004] Procedures) (Wales) Rules 2007 (SI (S.I. 2003/1269) The NAW is currently drafting amending 2007/2285). This was laid before Parliament Rules. It is hoped that these will be in on 2nd August 2007 and came into force on place shortly. [2005] 1st September 2007. 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. [2007] 2004 - NIL Scrutinising Statutory Instruments: Departmental Returns, 200783 Returns, Departmental Instruments: Statutory Scrutinising 2005 2004-05 14th Civil Procedure (Amendment Defective drafting We are expecting to bring rule 76.29(2)(b) The Civil Procedure Rule Committee No. 2) Rules 2005 to the attention of the Civil Procedure considered the issues raised by JCSI at its (S.I. 2005/656) Rule Committee at their meeting in May. meeting on 9th November 2007 and [2006] approved amendments to the Civil Procedure We intend to bring rule 76.29(2)(b) to the Rules Part 76. These amendments were attention of the Civil Procedure Rule included in an amending instrument. The Committee at one of their monthly Civil Procedure (Amendment No.2) Rules meetings this year. [2007] 2007 (SI 2007/3543 (L.31)) and this was laid before Parliament on 18th December 2007. The amendments to Part 76 of the Civil Procedure Rules come into force on 6th April 2008.

84 Joint Committee on Statutory Instruments Instruments onStatutory Committee 84 Joint

2005-06 9th Town and Country Planning Defective drafting No opportunity to amend rules 13 and The Department for Communities and Local (Major Infrastructure Project 21(6) has arisen yet because no Government intend to bring forward Inquiries Procedure) amending rules have yet been brought amendments to the rules. They are hoping (England) Rules 2005 forward. [2006] to do so in October 2008 but cannot confirm (S.I. 2005/2115) The Department for Communities and the date at this stage. They have decided it Local Government are awaiting an is more practical to combine the opportunity to amend. The DCLG amendments with changes required from a anticipate that an opportunity to amend general review of rules with implementation the Rules will arise in April 2008 as will a of the Planning Bill, introduced into number of changes to various inquiries Parliament in November 2007. procedure rules. [2007] 2006 2005-06 25th Judicial Discipline (Prescribed Regulation 25(6): defective Accepted by Department in memo dated The Department has reviewed the Procedures) Regulations 2006 drafting 2 May 2006. A review of the regulations regulations and aims to bring forward (S.I. 2006/676) is starting at the end of April which will amendments to be laid shortly (including to result in amendments to them. The regulation 25(6)) in the Judicial Discipline opportunity will be taken to review (Prescribed Procedures) (Amendment) regulation 25. [2007] Regulations 2008 to come into force in Spring 2008. 2006-07 1st Local Justice Areas (No. 1) Defective drafting Accepted by the Department in memo These points were addressed by the Local Order 2006 (S.I. 2006/1839) dated 30 October 2006. As indicated in Justice Areas Order 2007 (SI 2007/2284) the memo, the Department felt it was which came into force on 24 August 2007. 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. [2007]

3rd Local Justice Areas (No. 2) (a) Preamble fails to comply with Accepted by the Department in memo These points were addressed by the Local Order 2006 (S.I. 2006/2315) Statutory Instrument Practice dated 30 November 2006. A correction Justice Areas Order 2007 (SI 2007/2284) (b) Defective drafting slip was issued in relation to one which came into force on 24 August 2007. 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. [2007] Scrutinising Statutory Instruments: Departmental Returns, 200785 Returns, Departmental Instruments: Statutory Scrutinising

86 Joint Committee on Statutory Instruments Instruments onStatutory Committee 86 Joint

Table 16B — Ministry of Justice (formerly Department for Constitutional Affairs): instruments reported, 2007

Total number of instruments reported: 9 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

5th Draft Compensation Articles 10(4) and 12(3): The former Department for The Compensation (Exemptions) Order (Exemptions) Order 2006 defective drafting Constitutional Affairs responded to the 2007 (S.I. 2007/209) came into force on JCSI with a memorandum (appended to 31 January 2007. the Committee’s 5th Report of 2006-7) accepting the Committee’s comments and apologising for the errors. A correction slip was issued free of charge on 13th December 2006 and the correction of the errors was drawn to Members’ attention at the outset of the debates as recommended by the Committee

8th Gambling Appeals Tribunal Rules 5(2)(f) and 41(1): defective The former Department for The Gambling Appeals Tribunal Rules 2006 (S.I. 2006/3293) drafting Constitutional Affairs responded to the (Amendment) Rules 2007 (SI 2007/577) JCSI with a memorandum on 30 January were laid before Parliament on 28th 2007 and committed to issue an February 2007 and issued to all known amending SI free of charge. Action was recipients free of charge. taken on 28th February 2007.

11th Returning Officers Article 1(2): defective drafting The former Department for In its memorandum, the Department (Parliamentary Constitutional Affairs responded to the accepted the opening words of article 2, Constituencies) (Wales) Committee with a memorandum on 28th which the Committee reported, are not Order 2007 (S.I. 2007/171) February 2007 in which it indicated it strictly necessary. However, it noted that was of the view that no further action they were included to make clear to the was necessary reader that the repeals in the Order were of a qualified nature (i.e. only coming into force when Parliament is next dissolved). The Department remains of the view that

no further action is required in light of the JCSI’s report.

19th Air Navigation (Isle of Man) Defective drafting The Ministry of Justice responded to the The Isle of Man have now submitted an Order 2007 (S.I. 2007/1115) JCSI with a memorandum on 21st May amending draft SI which is being issued to 2007 addressing the Committees queries the Department for Transport for and accepted the instrument contained consideration. The primary purpose of the errors. The Ministry committed to amending SI will be to transfer the correcting the errors when the first functions of the Isle of Man’s aviation amendment to the Air Navigation Order regulator from their Department of was made. Transport to their Department of Trade and Industry. The SI will also amend those errors highlighted by the JCSI.

27th Court of Protection Rules Reg 50: not in accordance with The Ministry of Justice responded with a N/A 2007 (S.I. 2007/1744) proper legislative practice memorandum on 31 July 2007 in which it indicated it was of the view that no

further action was necessary. The 200787 Returns, Departmental Instruments: Statutory Scrutinising Department remains of the view that no further action is necessary in light of the JCSI’s comments.

28th Criminal Procedure Doubtful vires The Ministry of Justice responded with a N/A (Amendment No. 2) Rules memorandum on 15th October 2007 and 2007 (S.I. 2007/2317) expressed disagreement with the Committee. The Ministry remains of that view, and accordingly of the view that no action should be taken.

2007-08

1st Civil Proceedings Fees Schedule: defective drafting The Ministry of Justice responded to the The Civil Proceedings Fees (Amendment) (Amendment) (No. 2) Order Committee with a memorandum on 19th Order 2008 (SI 2008/116 (L.2)) was laid 2007 (S.I. 2007/2176) October 2007 and accepted the before Parliament on 21st January 2008 and Committee’s comments. The Ministry came into force on 11th February 2008. agreed to make the necessary amendments.

88 Joint Committee on Statutory Instruments Instruments onStatutory Committee 88 Joint

2nd Criminal Justice Act 2003 Article 2: defective drafting The Ministry of Justice replied to the The Ministry of Justice confirmed that no (Commencement No.17) Committee with a memorandum on 29th action was taken in reliance on the Order 2007 (S.I. 2007/2874) October 2007 and accepted it was at retrospective affect of the Order error in commencing the instrument retrospectively. The Ministry apologised to the Committee for this error.

5th Community Legal Service Article 6(b) and (c): defective The Ministry of Justice responded to the Corrections to this instrument have been (Funding) (Counsel in drafting Committee on 4th December 2007 and incorporated into the Community Legal Family Proceedings) accepted the Committee’s comments. Service (Counsel (Funding in Family (Amendment No. 2) Order Proceedings) Order 2008 and these 2007 (S.I. 2007/3169) corrections have also been explained in the explanatory note and explanatory memorandum to that instrument.

Table 17 — Northern Ireland Court Service: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from 2005: 1 (of which action on 1 remained outstanding on 1 April 2008)

2005

2005-06

4th Pensions Appeal Defective drafting Awaiting opportunity to amend. [2006, Awaiting opportunity to amend. It is Commissioners (Procedure) 2007] intended that amending Regulations will (Northern Ireland) be made by Spring 2009. Regulations 2005 (S.I. 2005/965) Scrutinising Statutory Instruments: Departmental Returns, 200789 Returns, Departmental Instruments: Statutory Scrutinising

90 Joint Committee on Statutory Instruments Instruments onStatutory Committee 90 Joint

Table 18A— Northern Ireland Office: instruments outstanding from 2006 and earlier

Total number of instruments outstanding from: 1997: 2 (of which action on 0 remained outstanding on 1 April 2008) 2001: 1 (of which action on 1 remained outstanding on 1 April 2008) 2004: 1 (of which action on 1 remained outstanding on 1 April 2008) 2006: 1 (of which action on 1 remained outstanding on 1 April 2008)

1997

1997–98

17th Control of Pesticides Schedule 3, para 1(1), 7 and 8: Date for amending instrument not Following restoration of the Northern (Amendment) Regulations defective drafting known. [1998] Ireland Assembly, the Northern Ireland (Northern Ireland) 1997 Date for amending instrument not yet Office is no longer responsible for these (S.R. 1997/469) known (these regulations follow the Regulations. 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). [2007]

17th Plant Protection Products Schedule 3, para 1(1), 7 and 8: Date for amending instrument not Following restoration of the Northern (Basic Conditions) defective drafting known. [1998] Ireland Assembly, the Northern Ireland Regulations (Northern Date for amending instrument not yet Office is no longer responsible for these Ireland) 1997 (S.R. 1997/470) known (these regulations follow the Regulations. model of earlier regulations for England and Wales. [1999] Scrutinising Statutory Instruments: Departmental Returns, 200791 Returns, Departmental Instruments: Statutory Scrutinising 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 in the observations relating to S.R. 1997/469. These Regulations are being prepared in

92 Joint Committee on Statutory Instruments Instruments onStatutory Committee 92 Joint

parallel with the England and Wales Pesticide Regulations, intended for 2008. [2007]

1998; 1999; 2000 - NIL

2001

2001–02

11th Police Trainee Regulations Regulation 10(5): Failure to Awaiting opportunity to amend. In the Awaiting amendment, though (Northern Ireland) 2001 comply with proper drafting next session or as soon thereafter as draft Police Trainee Amendment (S.R. 2001/369) practice practicable [2002, 2003] Regulations (Northern Ireland) 2008 at Regulations 10(5), 10(8), 14(1), NIO hope to bring forward amending advanced stage, and commencement of 14(4), 14(7) and 25(1)(b): regulations before the end of the year. laying process is imminent with expected defective drafting [2004] commencement date in June 2008 Awaiting opportunity to amend. NIO intends to make the Police Service of Northern Ireland (Conduct etc.) (Amendment) Regulations 2004 later this year. [2005] Awaiting opportunity to amend. [2006, 2007] 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. [2007]

2002, 2003 - NIL

2004

2003-04

8th Police Service of Northern Regulation 17(2): defective Awaiting opportunity to amend. [2005, Awaiting opportunity to amend. Ireland Reserve (Part-Time) drafting 2006, 2007] Amendment Regulations are Regulations 2004 Regulation 6(1): does not Work is in progress to address the expected to be laid by summer 2008. (S.R. 2004/03) accord with proper drafting Committee’s comments, and it is practice planned that the necessary amending regulations will be issued by the end of 2007. [2007]

2005 - NIL

2006 Scrutinising Statutory Instruments: Departmental Returns, 200793 Returns, Departmental Instruments: Statutory Scrutinising

2006-07

3rd Manufacture and Storage of (a) Regulation 11(5)(b): Awaiting opportunity to amend. It is Awaiting opportunity to amend. Explosives Regulations defective drafting intended to address the reported Amending Regulations for Northern (Northern Ireland) 2006 (b) Unexpected exercise of defects at the earliest opportunity, and Ireland will follow as soon as practicable (S.R. 2006/425) enabling power work is already underway in relation to after the making of similar Regulations in the relevant policy. There will then need Great Britain.(These are intended for to be a consultation exercise, and with October 2008, and were not known of at this timing in view, it is the intention to the time of the last return.) The make the amending Regulations later amendments will address the concerns this year. [2007] raised by JCSI.

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Table 18B — Northern Ireland Office: instruments reported, 2007

Total number of instruments reported: 3 (of which action on 1 remained outstanding on 1 April 2008)

2007

2006-07

6th Equality Act (Sexual Defective drafting Following restoration of the Northern Orientation) Regulations Ireland Assembly the Northern Ireland (Northern Ireland) 2006 Office is no longer responsible for these (S.R. 2006/439) Regulations

17th Police Service of Northern (a) unjustifiable delay in On 1 May 2007 the Department (a) and (b) Amending instrument issued Ireland (Unsatisfactory laying accepted that Regulation 2 was (see the Police Service of Northern Ireland Performance and (b) unjustified breach of 21- defective in drafting and agreed to (Conduct) (Amendment) Regulations 2008 Attendance) Regulations day rule correct this part of the Statutory Rule, SR 2008 No. 56). 2007 (S.R. 2007/130) (c) Reg 2(2): defective drafting PSNI (Unsatisfactory Performance and Attendance ) Regulations 2007 (c)) Awaiting an opportunity to amend. (S.R. 2007/130) at the earliest opportunity. That opportunity will present itself during January 2008 when the correction will be included as a supplementary provision in a new regulation which will introduce a revised Code of Ethics applicable to the Police Service of Northern Ireland.

20th Equality Act (Sexual (a) defective drafting Following the restoration of the Northern Orientation) (Amendment (b) failure to comply with Ireland Assembly the Northern Ireland No. 2) Regulations Statutory Instrument Practice Office is no longer responsible for these (Northern Ireland) 2007 Regulations (S.R. 2007/261)

Table 19 — Privy Council Office: instruments reported, 2007

Total number of instruments reported: 1 (of which action on 0 remained outstanding on 1 April 2008)

2007

2006-07

15th Royal Pharmaceutical Preambles: defective drafting No action necessary The Order and the Rules are due for Society of Great Britain revocation as from 1st January 2010 when (Fitness to Practice and the General Pharmaceutical Council will Disqualification etc. Rules) take over from the Royal Pharmaceutical Order of Council 2007 Society of Great Britain as the statutory

(S.I. 2007/442) regulator of pharmacists and pharmacy 200795 Returns, Departmental Instruments: Statutory Scrutinising technicians. At that point the GPhC will take over the fitness to practise functions of the RPSGB. There are no current plans to repeal and remake the Order and the Rules in the meantime.

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Table 20 — Scotland Office: instruments reported, 2007

Total number of instruments reported: 4 (of which action on 0 remained outstanding on 1 April 2008)

2007

2006-07

9th Draft Scottish Parliament Articles 11(3) and 27(1): Voluntary departmental memorandum (Elections etc.) Order 2007 unusual and unexpected use submitted to Clerk of the Committee. of powers. 19 February 2007

2007-08

4th Scotland Act 1998 (Agency Unjustifiable delay in These orders were made in Council and Arrangements) supplying copies to the were laid in Parliament by the Privy (Specification) (No. 2) Order Committee. Council Office. When informed of the 2006 (S.I. 2006/3248) non-receipt by the Committee a memorandum from the Scotland Office was sent to the Committee. 25 October 2007

4th Scotland Act 1998 (Agency Unjustifiable delay in As above. Arrangements) supplying copies to the (Specification) (No. 3) Order Committee. 2006 (S.I. 2006/3338)

4th Scotland Act 1998 (Agency Unjustifiable delay in As above. Arrangements) supplying copies to the (Specification) Order 2007 Committee. (S.I. 2007/286)

Scrutinising Statutory Instruments: Departmental Returns 2007 97

Appendix A

Letter from the Under Secretary of State for Work and Pensions to the Chairman

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

In my 30 August 2006 letter responding to yours of 24 July on matters relating to the Joint Committee’s report on regulations 8(5) and 25(6) of the Biocidal Products Regulations 2001, I undertook to write again to let you know the outcome of the Health and Safety Executive’s (HSE) considerations into the feasibility and benefits of issuing specific guidance on the requirements in regulation 25(6) relating to data sharing. I am now able to let you have this information, and attach a copy of the guidance drafted by the technical staff at HSE.

As discussed in my letter, HSE has looked at the “best practice” adopted for other regulatory schemes with similar data-sharing provisions. However, this revealed little written guidance that could be adopted directly so HSE technical staff have developed new “best practice” guidance. It is written in robust terms sufficient to encourage maximum effort to achieve data sharing and sets out clearly the obligations placed on companies and the potential consequences of failure to reach agreement without good cause.

The guidance will be published on the biocides pages of the HSE website. All registered stakeholders in the biocides industry will receive an automatic email alert containing a link to the guidance. Prospective applicants for active substance reviews and biocidal product registrations and authorisations will also be informed.

Please accept my apologies for the slight delay in sending you this update. I look forward to hearing your views as to whether this approach satisfies the Committee that it requires no further action regarding regulation 25(6).

PHILIP HUNT 6 December 2006

98 Joint Committee on Statutory Instruments

Appendix B

Letter from the Chairman to the Under Secretary of State for Work and Pensions – Lord McKenzie of Luton

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

I am writing belatedly in reply to the letter of 6 December 2006 from your predecessor, Lord Hunt of King’s Heath. The reason for the regrettable delay is that there is no record of that letter having reached the Committee office; it was unearthed by your Department in preparation for the forthcoming Special Report “Scrutinising Statutory Instruments: Departmental Returns, 2007”, but it is not known whether the slip arose in Parliament, in your Department or in the Royal Mail.

The Committee’s general approach remains that offence provisions should be precise. However it is recognised that the guidance issued in November 2006 goes a good way towards meeting, in practice if not conceptually, the concern that underlay the Committee’s original report on this instrument. In consequence the Committee expects to be content, when it issues the forthcoming Special Report, to remove this instrument from the list of those classified as calling for further action.

DAVID MACLEAN MP 24 June 2008

Scrutinising Statutory Instruments: Departmental Returns 2007 99

Formal Minutes

Wednesday 2 July 2008

Members Present:

David Maclean MP, in the chair

Lord Brett David Maclean MP (Chairman) Lord Dykes Mr Peter Bone MP Baroness Jones of Whitchurch Mr David Kidney MP Lord Kimball David Simpson MP Countess of Mar Lord Walpole

****

Draft Special Report [Scrutinising Statutory Instruments: Departmental Returns, 2007], proposed by the Chairman, brought up and read.

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

Paragraphs 1 to 36 are read and agreed to.

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

Several papers are ordered to be appended to the Report.

Ordered, That the Chairman make the Report to the House of Commons and that the Countess of Mar make the Report to the House of Lords.

[Adjourned till Wednesday 9 July at 3.45pm.