Joint Committee on Statutory Instruments Twenty-Third Report



TWENTY-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 Home Office in connection with the Misuse of Drugs (Amendment) Regulations 1999 (S.I. 1999/1404) is printed in Appendix I to this Report.


MISUSE OF DRUGS (SAFE CUSTODY) (AMENDMENT) REGULATIONS 1999 (S.I. 1999/1403)

  3. The Committee draws the special attention of both Houses to these Regulations on the ground that the Explanatory Note to them is defectively drafted.

  4. These Regulations amend the Misuse of Drugs (Safe Custody) Regulations 1973, but the Explanatory Note states that the products referred to in the present Regulations are exempt from certain provisions of "the 1985 Regulations". The Committee asked the Home Office why this statement was included in the Explanatory Note, given that no such Regulations are amended by this statutory instrument. The Department accept in the memorandum printed in Appendix II that the statement should not have been included, and the Committee therefore reports the Explanatory Note to the Regulations for defective drafting, acknowledged by the Department.


JUDICIAL PENSIONS AND RETIREMENT ACT 1993 (ADDITION OF QUALIFYING JUDICIAL OFFICES) ORDER 1999 (S.I. 1999/1454)

  5. The Committee draws the special attention of both Houses to this Order on the ground that there was an unjustifiable delay in laying it before Parliament.

  6. Statutory instruments should be laid before Parliament at least 21 days before they are to come into force, but this instrument was laid before Parliament on 21 May and came into force on 1 June. In the two memoranda printed in Appendix III the Lord Chancellor's Department explain that the delay in laying the Order was due to a breakdown of communications between that Department and the Department of Social Security, which actually drafted the Order. The Committee reports the Order on the ground that there was an unjustifiable delay in laying the Order before Parliament.


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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