Joint Committee on Statutory Instruments Thirty-Eighth Report


ORDERED TO 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.

ENVIRONMENTALLY SENSITIVE AREAS (WEST PENWITH) DESIGNATION (AMENDMENT) ORDER 1998 (S.I. 1998/1296)

  2. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  This Order amends S.I. 1997/1444, which designated an area in West Penwith as an environmentally sensitive area, by increasing the maximum rates of payments to be made by the Ministry of Agriculture, Fisheries and Food to farmers. Article 7 provides that articles 4 and 5 shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1998. The Committee asked the Department, in the light of similar provisions in other Orders altering payment rates in environmentally sensitive areas (in particular S.I.'s 1297-1300), whether the saving in article 7 ought to cover article 6 as well as articles 4 and 5. The Ministry of Agriculture, Fisheries and Food admit in the memorandum printed in Appendix I that article 7 should have contained a reference to article 6, and say that they will introduce an amending Order as soon as possible which will be issued free of charge to purchasers of this Order. The Committee reports article 7 for defective drafting, acknowledged by the Department.

ENVIRONMENTALLY SENSITIVE AREAS (EXMOOR) DESIGNATION (AMENDMENT) ORDER 1998 (S.I. 1998/1302)

  3. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  New Schedule 2 to the principal Order (S.I. 1993/83 as amended) prescribes, in item 14, a maximum rate of payment for hedgerow management of "0.24". As the heading of the column in which this amount is set out states that the rates are in £ per hectare of land per annum except where otherwise stated, the Committee asked the Ministry of Agriculture, Fisheries and Food whether the amount 0.24 should have been expressed as a rate per metre (as in the case of item 13). In the memorandum printed in Appendix II the Department acknowledge that the rate should have been expressed per metre, and say that they will introduce an amending Order as soon as possible which will be provided free of charge to purchasers of this instrument. The Committee reports new Schedule 2 to the principal Order for defective drafting, acknowledged by the Department.


 
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