Joint Committee on Statutory Instruments Sixteenth Report



SIXTEENTH 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 (TRANSITION TO NEW FRAMEWORK) (SCHOOL ORGANISATION PROPOSALS) REGULATIONS 1999 (S.I. 1999/704)

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

  3. In response to a question by the Committee, the Department for Education and Employment admit that the references in regulation 12(b)(i) and (ii) to section 42(1)(b) of the Education Act 1996 should be to section 41(1)(b) and say that they will correct the mistake at the first appropriate opportunity (memorandum printed in Appendix I). The Committee reports regulation 12(b)(i) and (ii) for defective drafting, acknowledged by the Department.


POLICE (EFFICIENCY) REGULATIONS 1999 (S.I. 1999/732)

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

  5. These Regulations establish procedures for cases in which members of a police force may be required to resign or have their rank reduced. Regulation 10(3)(a) requires the countersigning officer to explain to the member concerned (where this is the case) that "his performance is unsatisfactory and the conditions specified in regulation 8(2) are satisfied"; and regulation 10(4) requires him to take other steps where performance has been unsatisfactory during "the period specified in regulation 8(2)" (where that period is applicable). As the references to regulation 8(2) did not seem to make any sense, the Committee asked the Home Office to explain them. They reply in the memorandum printed in Appendix II that the words quoted (together with, in each case, the words "or, as the case may be" which precede them) should not have been included in the Regulations. In an earlier draft of the Regulations there was a different provision in regulation 8(2) which was relevant to regulation 10(3)(a) and (4): when this provision was removed the references to it in regulation 10 should also have been removed. The Department say that they will correct the error as soon as a suitable opportunity occurs. The Committee reports regulation 10(3)(a) and (4) 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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