Joint Committee on Statutory Instruments Thirteenth Report


THIRTEENTH 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.

TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 1999 (S.I. 1999/293)

  2.  The Committee draws the special attention of both Houses to these Regulations on the ground that they require the elucidation provided by the Department.

  3.  These Regulations implement, in relation to town and country planning in England and Wales, Council Directive 85/337/EEC (as amended) on the assessment of the effects of certain projects on the environment. Regulation 12(4) requires the relevant planning authority and the consultation bodies to enter into consultation with the person who intends to submit an environmental statement (if the person so requests) to determine whether "the body" has in its possession any information which he or they consider relevant to the preparation of that statement and, if they have, to make the information available to that person. Regulation 12(6) provides that a reasonable charge may be made by "a body, including the relevant planning authority," which makes information available to the person. The Committee asked the Department of the Environment, Transport and the Regions whether the words "the body" are intended to include the relevant planning authority; and, if they are, why no express reference is made to this effect as it is in regulation 12(6). The Department respond in the memorandum printed in Appendix I that the words "the body" are intended to include the relevant planning authority. They consider that regulation 12(4) and (6) read together make this clear because regulation 12(6) provides that a charge may be made by a body, including the relevant planning authority, "which makes information available in accordance with paragraph (4)". However, the Committee notes that, since paragraph (4) of regulation 12 begins by referring to the planning authority and the consultation bodies, there is a doubt whether the subsequent reference in that paragraph to "the body" includes them both. The Committee reports regulation 12(4) as requiring the elucidation provided in the Department's memorandum.

OFFSHORE PETROLEUM PRODUCTION AND PIPE-LINES (ASSESSMENT OF ENVIRONMENTAL EFFECTS) REGULATIONS 1999 (S.I. 1999/360)

  4.  The Committee draws the special attention of both Houses to these Regulations on the grounds that they are defectively drafted in two respects.

  5.  In response to a question by the Committee, the Department of Trade and Industry say that the reference in regulation 12(2)(a) to regulation 11(3) should actually be to regulation 11(4) (see memorandum in Appendix II). The Committee therefore reports regulation 12(2)(a) for defective drafting, acknowledged by the Department.

  6.  Regulation 16(1) refers to regulations 4(1) and 5(2)(b). Regulation 16(2) refers to regulation 9(5). The Department accept that the references to regulations 4(1), 5(2)(b) and 9(5) should have been to regulations 5(1), 5(4)(b) and 11(6) respectively. The Committee reports regulation 16(1) and (2) for defective drafting, acknowledged by the Department.

  7.  The Department undertake in their memorandum to correct the errors at the earliest

opportunity.

EDUCATION (TRANSITION TO NEW FRAMEWORK) (NEW SCHOOLS, GROUPS AND

MISCELLANEOUS) REGULATIONS 1999 (S.I. 1999/362)

  8.  The Committee draws the special attention of both Houses to these Regulations on the grounds that in one respect they fail to comply with proper legislative practice and in another respect they are defectively drafted.

  9.  The Committee asked the Department for Education and Employment why the Table of Arrangement appears after the recital of powers and not before it (as required by Statutory Instrument Practice, paragraphs 2.21 and 2.22). In the memorandum printed in Appendix III the Department for Education and Employment accept that the Table should appear before the recital, and say that they will note the point for future regulations. Accordingly, in this respect the Committee reports the instrument for failure to comply with proper legislative practice, acknowledged by the Department.

  10.  Regulation 42(2)(b) refers to "paragraph 4 or 9 of the 1998 Act" (the School Standards and Framework Act 1998). In response to a question by the Committee, the Department accept that the reference should have been to paragraph 4 or 9 of Schedule 6 to the 1998 Act and say that they will amend the provision at an appropriate opportunity. The Committee reports regulation 42(2)(b) 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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