Joint Committee on Statutory Instruments Third Report



THIRD REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

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.

  2. A memorandum by the Privy Council Office in connection with the General Osteopathic Council (Conditional Registration) (Amendment) Rules Order of Council 1998 (S.I. 1998/2695) is printed in Appendix I to this Report.

  3. A memorandum by the Lord President's Private Office in connection with the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1998 (S.I. 1998/2675) is printed in Appendix II to this Report.

  4. A memorandum by the Department of Health in connection with the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1998 (S.I. 1998/2838) is printed in Appendix III to this Report.

EDUCATION (SCHOOL GOVERNMENT) (TRANSITION TO NEW FRAMEWORK) REGULATIONS 1998 (S.I. 1998/2763)

  5. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  These Regulations make provision in relation to schools for the preparation of instruments of government and the reconstitution of governing bodies under those instruments. Regulation 20(2) and (6) provides that, for the purposes of the reconstitution of the governing body, regulation 14(2) shall apply subject to the modification that the word "had" shall be inserted before the word "power". Given that the word "power" occurs twice in regulation 14(2), the Committee asked the Department for Education and Employment where the insertion is to be made. The Department say in a memorandum printed in Appendix IV that "had" should be inserted before the first "power". They apologise for the error and say that they will make a correction. The Committee reports regulation 20(6) for defective drafting, acknowledged by the Department.


1   The Orders of Reference of the Committee are set out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back

 
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