1. The Committee has considered
the instruments set out in the Annex to this Report and has determined
that the special attention of both Houses does not require to
be drawn to any of them.
REGULATIONS 1998 (S.I. 1998/119)
2. The Committee draws the special
attention of both Houses to these Regulations on the ground that
they are defectively drafted.
The reference in regulation 5(1)
to a "relevant parish" should be to a "relevant
parish council" (as defined in regulation 2). In the memorandum
printed in Appendix I the Department of the Environment, Transport
and the Regions admit the mistake and undertake to correct it
at the next convenient opportunity. The Committee reports regulation
5(1) for defective drafting, acknowledged by the Department.
REGULATIONS 1998 (S.I. 1998/190)
3. The Committee draws the special
attention of both Houses to these Regulations on the grounds that
they are defectively drafted in three respects and they require
elucidation in another respect.
These Regulations revoke and
re-enact with changes the Animal and Animal Products (Import and
Export) Regulations 1995 (S.I. 1995/2428) (as amended).
Regulations 6(1), 10(1) and (2), and 16(1) and (2) include references
to "any additional legislation applicable in Great Britain".
The Committee concluded previously that the use of the same phrase
in the 1995 Regulations constituted defective drafting,
firstly because it is unclear to which legislation the words refer,
and secondly because in any event the words are otiose: in the
context, the legislation is binding independently of the Regulations.
The Committee asked the Ministry of Agriculture, Fisheries and
Food what legislation was contemplated by the references and why
it was not referred to specifically. The Department accept in
their memorandum (Appendix II) that the phrase is "capable
of giving rise to legal uncertainty" and say that they will
delete it at the earliest opportunity. They also apologise for
the failure to take account of the Committee's earlier report.
The Committee reports regulations 6(1), 10(1) and (2), and 16(1)
and (2) for defective drafting, acknowledged by the Department.
Regulations 13(2)(a) and 21(5)
authorise the issue by inspectors of notices whose requirements
depend on "relevant legislation". The Committee asked
the Department to identify the legislation contemplated by these
words and to explain why it is not set out in the Regulations.
The Department reply that the current legislation referred to
in regulation 13(2)(a) is the Animals and Animal Products (Examination
for Residues and Maximum Residue Limits) Regulations 1997 (S.I. 1997/1729).
They accept that it would be more helpful for the reader if the
legislation was specifically referred to and undertake to do this
when the next version of the Regulations is made. The legislation
referred to in regulation 21(5) is more complex and comprises
the Residue Regulations referred to above, and all legislation
which must be complied with before an animal can be slaughtered
for sale for human consumption, of which they give examples.
The relevant legislation will in future include legislation on
cattle passports and ear tags. The Department undertake to rephrase
the provision when the next version of the Regulations is made
to make clear that what is being referred to is the entirety of
the legislation which must be complied with before an animal can
be slaughtered for human consumption. The Committee reports regulations
13(2)(a) and 21(5) for defective drafting, in both cases acknowledged
by the Department.
Regulation 13 authorises the
issue by inspectors of three kinds of notices. Paragraph (4)
authorises an inspector to seize any animal or product "in
the event of a notice not being complied with" and to arrange
for the requirements of the notice to be complied with. It is
unclear which notice or notices are referred to. The Department
explain that paragraph (4) is intended to cover all notices
issued under regulation 13, and undertake to clarify the provision
when the Regulations are next amended. The Committee reports
regulation 13(4) for defective drafting, acknowledged by the Department.
Regulation 28 entitles consignors
and importers who are the subject of decisions on the entry of
animals or animal products into Great Britain to written notice
giving the reasons for the decision and details of their "right
of appeal". The Committee asked the Department what right
of appeal, under what provision, is referred to. The Department
reply that regulation 28 implements Article 9 of Council Directive
90/425/EEC, which requires a member State to provide on request
details of the rights of appeal which are available under the
law in force in the member State of destination and of the procedure
and time limits available. This is done in the United Kingdom
by informing a person on whom a notice is served that he has a
right to apply to the courts for a judicial review of the decision
under Order 53 of the Rules of the Supreme Court. It appears
to the Committee that this provision, though it does not in terms
refer to the right to apply for judicial review, satisfactorily
reflects the Directive. The Committee reports regulation 28 as
requiring the elucidation provided.
The Orders of Reference of the Committee
are set out in the First Report, Session 1997-98 (HL Paper 4;
HC 33-i). Back
Third Report, Session 1995-96 (HL Paper 16, HC 34-iii), p.