Joint Committee on Statutory Instruments Thirty-First Report


The Pitcairn (Amendment) Order 2000 (S.I. 2000/1340) The Pitcairn Court of Appeal Order 2000 (S.I. 2000/1341)

29. The Committee draws the special attention of both Houses to these Regulations on the ground that there was an unjustifiable delay in sending copies to the Committee.

30. The Pitcairn (Amendment) Order amends the Pitcairn Order 1970 so as to authorise courts and judicial authorities established for Pitcairn under that Order to function either in Pitcairn or in the United Kingdom or, in certain circumstances, in some other part of Her Majesty's dominions. The Pitcairn Court of Appeal Order provides for the hearing and determination of appeals from the courts of Pitcairn. Both Orders were laid before Parliament on 25th May 2000 but copies of them were not sent to the Committee, in the case of the Amendment Order, until 4th September, and in the case of the Court of Appeal Order, until 25th August. The Committee asked the Foreign and Commonwealth Office to explain the reason for the delay.

31. In its memorandum printed in Appendix 8, the Foreign and Commonwealth Office explain that copies of the Orders were only sent to the Committee when they had been re-issued with corrections to errors in the originals. They accept that copies should have been sent to the Committee when the Orders were laid. The Committee therefore reports the Orders for the unjustified delay in sending copies of them to the Committee, as acknowledged by the Foreign and Commonwealth Office.

Torbay Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2154)

Bournemouth Primary Care Trust (Establishment) Order (S.I. 2000/2155)

South Hams and West Devon Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2156)

North Dorset Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2157)

Carrick Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2158)

Birmingham North East Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2338)

Greater Yardley Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2339)

Morecambe Bay Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2392)

North Hampshire Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2547)

Lowestoft Primary Care Trust (Establishment) Order 2000 (S.I. 2000/2689)

32. The Committee draws the special attention of both Houses to all these Regulations on the grounds that each one is defectively drafted.

33. Each of these Orders, made under section 16A of the National Health Service Act 1977, establishes and makes further provision for a Primary Care Trust. Article 1(2) of each Order contains a definition of the expression "establishment date", but in none of the Orders is that expression used. The Committee asked the Department of Health to explain the inclusion of this definition.

34. The Department, in its memorandum printed in Appendix 9, states that the definition is not required and was included in error. It takes the view that no remedial action is needed in respect of these Orders but undertakes to prevent any repetition of the error in future such Orders. The Committee accordingly reports regulation 1(2) of each of these Orders for defective drafting, as acknowledged by the Department.


 
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