Joint Committee on Statutory Instruments First Special Report


7. DEPARTMENTS OF HEALTH AND SOCIAL SECURITY

Total number of instruments reported on: 11


JCSI Report

SI or SR

Point

Type & date of Response

Observations

1997-98:

1st



Occupational & Personal Pension Schemes (Contracting-Out etc: Review of Determinations) Regulations 1997 (S.I. 1997/358)


i


A


No action has yet been taken but the Department of Social Security is considering how regulation 4 should be revised, with a view to amending Regulations in the summer of 1998.

3rd

Adoption Agencies & Children (Arrangements for Placements & Reviews) (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/649)

i

D

Amending Instrument.

The Children (Protection from Offenders) (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/2308)


In respect of one point raised in relation to defective drafting (new paragraph 12A of Part 1 of the Schedule) the Department is satisfied that it is clear from the context that the provision contemplated is section 323 and that no one is likely to be misled by the present wording.

4th

Social Security (Social Fund & Claims and Payments) Miscellaneous Amendments Regulations 1997 (S.I. 1997/792)

i

D

Amending Instrument: Social Fund Maternity & Funeral Expenses (General) Amendment Regulations 1997 (S.I. 1997/2538), regulation 6(3)



5th

Good Laboratory Practice Regulations 1997 (S.I. 1997/654)

ii

A

No action has been taken to-date because any amendment to the general fees provision of the Regulations (reg. 16) is contingent upon the introduction of a new unit based fee scale which the Department has plans to introduce (at the earliest) in the financial year 1999/2000.

12th

National Health Service Pension Scheme (Amendment) Regulations 1997 (S.I. 1997/1888)

i

A

The Department is satisfied that in this instance nobody is likely to be misled by the present wording of the definition. However, the Committee's comments will be borne in mind when a provision of this nature is being drafted in the future.

14th

Social Fund Cold Weather Payments (General) Amendment Regulations 1997 (S.I. 1997/2311)

i

G

Elucidation provided. The provision may be amended at the time of the next Cold Weather Payments Package (likely to be Autumn 1998).

15th

Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 1997 (S.I. 1997/2358)

i

F

The Department is actively considering the need for amendment but is not in a position to say when it will be made.

15th

Housing Benefit (Recovery of Overpayments) Regulations 1997 (S.I. 1997/2435)

i

G

Before making any amendment, the Department needs to consult Local Authorities as a matter of law (section 176(1) Social Security Administration Act 1997 (c.5)).

15th

Housing Benefit (Information from Landlords and Agents) Regulations 1997 (S.I. 1997/2436)

i

G

This is a new provision which is being kept under active review. The Department recognises that the Regulations may require amendment in the light of operational experience and the Committee's comments will be borne in mind at that stage.

15th

Public Bodies Admissions to Meetings Regulations 1997 (S.I. 1997/2763)

i

A

This affirmative instrument was numbered incorrectly, before it had been debated. In so far as there was a defect in the instrument at JCSI stage it would have been cured after the debates by the correct registration and numbering procedure so no follow-up action was required.

16th

Registration of Marriages (Amendment) Regulations 1997 (S.I. 1997/2204)

i

F

Likely date is as yet unknown.



 
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