Joint Committee on Statutory Instruments Twenty-Seventh Report


TWENTY-SEVENTH 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.

EDUCATION (NATIONAL CURRICULUM) (TEMPORARY EXCEPTIONS FOR INDIVIDUAL PUPILS) (WALES) REGULATIONS 1999 (S.I. 1999/1815)

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

  3. These regulations were made by the Secretary of State for Wales under powers contained in the Education Act 1996 which have now vested in the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Regulation 14 purports to confer on a parent the right of appeal to a governing body against certain decisions by a head teacher. The Committee asked the National Assembly for Wales why this regulation duplicates the right of appeal already conferred by section 367 of the Education Act 1996. The National Assembly accept, in the memorandum printed in Appendix 1, that it was not intended that the regulation should confer the right of appeal and that it was regrettable that it purported to do so.

  4. In response to a further question from the Committee, the National Assembly also acknowledge that in the case provided for in regulation 14(a), section 367 of the Education Act 1996 confers power only to prescribe the period during which the head teacher fails to give notice of his decision and that in regulation 14(b), section 367 confers power only to make provision about the manner and circumstances of the parent's request. The Committee therefore reports regulation 14 for defective drafting, acknowledged by the National Assembly.

  5. The Assembly adds that, whilst the wording of these provisions are not expected to give rise to any difficulties, the Assembly will be asked to consider amending regulation 14 at an appropriate opportunity.

GENEVA CONVENTIONS ACT (ISLE OF MAN) ORDER 1999 (S.I. 1999/1743)

GENEVA CONVENTIONS ACT (JERSEY) ORDER 1999 (S.I. 1999/1744)

  6. The Committee draws the special attention of both Houses to these Orders on the ground that they are not drafted in accordance with proper legislative practice.

  7. These orders extend the Geneva Conventions Act 1957 (as amended by the Amendment Act of 1995) to the Isle of Man and Jersey respectively. The Committee asked the Home Office to identify the orders which provide for the provisions of the Geneva Conventions Act 1957 to be extended (subject to any specified exceptions and modifications) to the Isle of Man and Jersey and to explain why the relevant orders were not specified in a footnote in the instruments. The Department explained, in the memorandum printed in Appendix 2, that the relevant orders were the Geneva Conventions Act (Isle of Man) Order 1970 (S.I. 1970/1677) and the Geneva Conventions Act (Jersey) Order 1966 (S.I. 1966/949). The Department concede that it would have been helpful to identify these orders in footnotes.

  8. The Committee asked the Department why, given that the 1995 Amendment Act consists of provisions inserted into the 1957 Act as provisions of that Act, article 2 and paragraph 1 of the schedules to the orders refer to the provisions being modified as provisions of the 1995 Amendment Act. The Department replied that Article 2 of each order referred to the provisions of the 1995 Act because it was those provisions which were being extended to the islands. In fact, an example from the Isle of Man order shows this to be incorrect or at least misleading. In the schedule to this order, paragraph 3(2) substitutes words for section 2(6)(b) which itself substitutes two paragraphs in section 6(b) of the 1957 Act. Hence, what is being extended to the islands is section 6 of the 1957 Act as modified, not the 1995 Act. The Committee further asked the Department to identify the provisions being modified which appear in the 1995 Act. The Department said that all of the references to sections, subsections and paragraphs were to provisions of the 1995 Amendment Act. However, the Department did concede that in the case of provisions such as paragraph 2(1) of the schedule to the Jersey Order, it would have been preferable to identify the amendments to the 1957 Act in the same way as paragraph 3(1) of the schedule to the Isle of Man order, thus making it clear that the amendments were all insertions into the 1957 Act. The Committee considers that, whilst these Orders may not be defectively drafted in the strict sense, they are not drafted in accordance with proper legislative practice and it reports the Orders accordingly.

COPYRIGHT (APPLICATION TO OTHER COUNTRIES) ORDER 1999 (S.I. 1999/1751)

  9. The Committee draws the special attention of both Houses to this Order on the ground that it fails to include a necessary footnote.

  10. This Order applies the provisions of Part I of, and Schedule 1 to, the Copyright, Designs and Patents Act 1988 to works of different types originating in the countries specified in the Schedules to the Order, with the effect that those works receive or continue to receive copyright protection in the United Kingdom. The Committee asked the Privy Council Office whether the reference in article 4(3) to section 14(5) of the Copyright Act 1988 (duration of copyright in repeats) ought rather to be a reference to section 14(2) of the 1988 Act. The Department of Trade and Industry, on behalf of the Privy Council, in its memorandum printed at Appendix 3, explained that section 14 of the 1988 Act was substituted by the Duration of Copyright and Rights in Performances Regulations 1995 (S.I. 1995/3297) with the result that the content of the original section 14(2) and the current section 14(5) is identical. The Committee accepts that the reference to section 14(5) is correct but notes that this would have been clear to the reader of the 1988 Act if, as required by the Statutory Instrument Practice, paragraph 2.47, the Order had contained a footnote identifying the substituting Regulations of 1995 and reports the Order accordingly.

ANNEX

Instruments to which the Committee does not draw the special attention of both Houses.

Written evidence submitted to the Committee in connection with the instruments marked†is not printed.

Draft instruments requiring affirmative approval

  Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) (No. 2) Regulations 1999.

  Draft Tax Credit (New Category of Child Care Provider) Regulations 1999.

  Draft Working Time Regulations 1999.

  Draft Financial Services Act 1986 (Restriction of Exemption) Order 1999.

Instruments subject to annulment

†  Road Traffic (NHS Charges) (Scotland) Order 1999 (S.I. 1999/1842).

†  Road Traffic (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 1999 (S.I. 1999/1843).

  Social Security (Contributions) (Amendment No. 4) Regulations 1999 (S.I. 1999/1965).

  Social Security (Contributions) (Amendment No. 4) (Northern Ireland) Regulations 1999 (S.I. 1999/1966).

  Merchant Shipping (Liability of Shipowners and Others) (Rate of Interest) Order 1999 (S.I. 1999/1922).

  Scotland Act 1998 (Transitory and Transitional Provisions) (Grants to Members and Officeholders and Scottish Parliamentary Pension Scheme) Amendment Order 1999 (S.I. 1999/1891).

  Patent Office (Address) (Revocation) Rules 1999 (S.I. 1999/1993).

  Magistrates' Court (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999 (S.I. 1999/2002).

†  Independent Analogue Broadcasters (Reservation of Digital Capacity) (Amendment) Order 1999 (S.I. 1999/1996).

  Holme Lacy College (Dissolution) Order 1999 (S.I. 1999/1997).

  Yugoslavia (Prohibition of Flights) Regulations 1999 (S.I. 1999/2018).

  General Teaching Council for England (Constitution) (Amendment) Regulations 1999 (S.I. 1999/2019).

  Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 (S.I. 1999/2020).

†  Motor Vehicles (Approval) (Amendment) Regulations 1999 (S.I. 1999/2082).

  Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999 (S.I. 1999/2025).

  Animal Feeding Stuffs from Belgium (Control) (England and Wales) Regulations 1999 (S.I. 1999/2026).

  Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1999 (S.I. 1999/2088).

  Legal Advice and Assistance (Amendment) (No. 2) Regulations 1999 (S.I. 1999/2089).

  Railways Act 1993 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1998).

  National Lottery etc. Act 1993 (Amendment of Section 23) (No. 2) Order 1999 (S.I. 1999/2090).

†  Dual-Use and Related Goods (Export Control) (Amendment No. 3) Regulations 1999 (S.I. 1999/2091).

  Superannuation (Application of the Superannuation Act 1972, Section 1) (No. 2) Order 1999 (S.I. 1999/2092).

  Local Government Act 1988 (Defined Activities) (Exemptions) (No. 1) (England) Order 1999 (S.I. 1999/2023).

  Costs in Criminal Cases (General) (Amendment) Regulations 1999 (S.I. 1999/2096).

  Education (Annual Parents' Meetings) (England) Regulations 1999 (S.I. 1999/2104).

  Postal Services Regulations 1999 (S.I. 1999/2107).

  Rail Vehicle Accessibility (Anglia Railways Class 170/2 Vehicles) Exemption Order 1999 (S.I. 1999/1931).

†  Banking (Gibraltar) Regulations 1999 (S.I. 1999/2094).

  Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 3) Regulations 1999 (S.I. 1999/2123).

  Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) (No. 3) Regulations 1999 (S.I. 1999/2124).

  Public Airport Companies (Capital Finance) (Second Amendment) Order 1999 (S.I. 1999/2125).

  Appointment of Queen's Counsel Fees Order 1999 (S.I. 1999/2138).

  Disability Discrimination (Description of Insurance Services) Regulations 1999 (S.I. 1999/2114).

†  Plant Health (Amendment) (England) Order (S.I. 1999/2126).

  Education (Substituted Grammar Schools) Regulations 1999 (S.I. 1999/2102).

  Education (Proposals for Grammar Schools to cease to have Selective Admission Arrangements) Regulations 1999 (S.I. 1999/2103).

  Nursery Education (England) (Amendment) (No. 2) Regulations 1999 (S.I. 1999/2130).

  Education (School Performance Information) (England) (Amendment) Regulations 1999 (S.I. 1999/2158).

  Education (School Teachers' Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160).

  Education (Bursaries for Teacher Training) (Revocation) (England) Regulations 1999 (S.I. 1999/2162).

  Education (School Government) (England) Regulations 1999 (S.I. 1999/2163).

  Education (Transfer of Functions Concerning School Lunches etc.) (England) (No. 2) Order 1999 (S.I. 1999/2164).

  Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 (S.I. 1999/2166).

  Education Maintenance Allowance (Pilot Areas) Regulations 1999 (S.I. 1999/2168).

  European Communities (Designation) (No. 2) Order 1999 (S.I. 1999/2027).

  European Convention on Extradition Order 1990 (Amendment) Order 1999 (S.I. 1999/2035).

†  Travel Documents (Refugees and Stateless Persons) (Fees) Regulations 1999 (S.I. 1999/2150).

  Social Security Amendment (Sports Awards) Regulations 1999 (S.I. 1999/2165).

†  Medicines (Aristolochia) (Emergency Prohibition) Order 1999 (S.I. 1999/2109).

  Allocation of Housing and Homelessness (Amendment) (England) Regulations 1999 (S.I. 1999/2135).

  Social Security (Transfer of Staff) (Northern Ireland) Order 1999 (S.I. 1999/2038).

  Magistrates' Courts Committees (South Yorkshire) Amalgamation Order 1999 (S.I. 1999/2209).

  Unfair Arbitration Agreements (Specified Amount) Order 1999 (S.I. 1999/2167).

  Countryside Access (Amendment) (No. 2) Regulations 1999 (S.I. 1999/2197).

  National Institute for Clinical Excellence (Amendment) Regulations 1999 (S.I. 1999/2218).

  National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 (S.I. 1999/2219).

  Arnold and Carlton College, Nottingham (Dissolution) Order 1999 (S.I. 1999/2220).

  Environmentally Sensitive Areas (Essex Coast) Designation (Amendment) Order 1999 (S.I. 1999/2232).

  Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1999 (S.I. 1999/2234).

  Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1999 (S.I. 1999/2235).

  Environmentally Sensitive Areas (Upper Thames Tributaries) Designation (Amendment) Order 1999 (S.I. 1999/2237).

  Environmentally Sensitive Areas (England) Designation Orders (Revocation of Specified Provisions) Regulations 1999 (S.I. 1999/2231).

  Education (Governors' Annual Reports) (England) Regulations 1999 (S.I. 1999/2157).

Instruments subject to annulment (Northern Ireland)

  Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 1999 (S.R. 1999/333).

  Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1999 (S.R.1999/320).

Instruments not subject to parliamentary proceedings laid before Parliament

  West Midlands (Coroners' Districts) (Amendment) Order 1999 (S.I. 1999/1990).

  Forgery and Counterfeiting (Protected Coins) Order 1999 (S.I. 1999/2095).

  Land Registration (No. 2) Rules 1999 (S.I. 1999/2097).

Instruments not subject to parliamentary proceedings not laid before Parliament

  Double Taxation Relief (Taxes on Income) (General) (Dividend) (Revocation) Regulations 1999 (S.I. 1999/1927).

  Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) Order 1999/1992).

  Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order (S.I. 1999/1958).

  Tayside Primary Care National Health Service Trust (Establishment) Amendment Order 1999 (S.I. 1999/1875).

  Channel Tunnel Rail Link (Nomination) (London Undergound Works) Order 1999 (S.I. 1999/1985).

  New Northern Ireland Assembly (Salaries and Allowances) Order 1999 (S.I. 1999/1995).

  Education (Code of Practice on LEA - School Relations) (Appointed Day) (Wales) Order 1999 (S.I. 1999/2022).

  Redbridge Health Care National Health Service Trust (Establishment) Amendment Order 1999 (S.I. 1999/2085).

  Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1999 (S.I. 1999/2030).

  Continental Shelf (Designation of Areas) Order 1999 (S.I. 1999/2031).

  Salford Royal Hospitals National Health Service Trust (Establishment) Amendment Order 1999 (S.I. 1999/2176).

  Local Government Act 1999 (Commencement No. 1) Order 1999 (S.I. 1999/2169).

  Finance Act 1998, Section 83(1), (Appointed Day) Order 1999 (S.I. 1999/2119).

  Channel Tunnel Rail Link (Nomination) (London Underground Works) (Amendment) Order 1999 (S.I. 1999/2198).


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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