TWENTY-NINTH REPORT |
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.
2. A memorandum by the Lord
Chancellor's Department in connection with the Public Record Office
(Fees) Regulations 1998 (S.I. 1998/599) is printed in Appendix
I to this Report.
ACT 1994 (SUSPENSION
REGULATIONS 1998 (S.I. 1998/474)
3. The Committee draws the
special attention of both Houses to these Regulations on the ground
that they are defectively drafted.
Paragraph 3 of Schedule
2 to the Criminal Justice and Public Order Act 1994 provides that,
in prescribed circumstances, an escort monitor may suspend a Custody
Officer Certificate. Regulation 2(a)(i) of the present Regulations
prescribes one such circumstance: where "an allegation has
been made against a custody officer". The Committee asked
the Home Office to explain what sort of "allegation"
is intended to be covered by this provision. The Department reply,
in the memorandum printed in Appendix II, that "allegation"
is intended to cover "any misconduct or abuse of position
by officers". The Committee considers that, given the sanction
which attaches to this provision, this should have been spelt
out in the regulation itself. The Committee reports regulation
2(a)(i) for defective drafting.
1998 (S.I. 1998/449)
4. The Committee draws the
special attention of both Houses to this Order on the ground that
it is defectively drafted.
Article 3(2) has a sub-paragraph
(a), but no other sub-paragraph. The Committee asked the Department
of the Environment, Transport and the Regions whether any text
had been omitted from the article, and, if the text is complete,
to explain the purpose of the words "in the case of an employee
whose name is mentioned in, or who falls within a class or description
of employees mentioned in any section of Part I, Part II or Part
III of the designated list", which did not seem to add anything
to the provision. The Department reply in the memorandum printed
in Appendix III that the inclusion of the single sub-paragraph
is the result of an omission to make the necessary formatting
change following changes in the content of article 3. As regards
the quoted words the Department concede that the same changes
of content have rendered them unnecessary. In the view of the
Committee they are also misleading as suggesting the existence
of other classes of employees. The Committee reports article 3(2)
for defective drafting, acknowledged by the Department.
The Orders of Reference of the Committee are set out in the First
Report, Session 1997-98 (HL Paper 4; HC 33-i). Back