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 from the Department
of Trade and Industry in connection with the Copyright (Certification
of Licensing Scheme for Educational Recording of Broadcasts and
Cable Programmes) (Educational Recording Agency Limited) (Amendment)
Order 1999 (S.I. 1999/3452), is printed in Appendix 1 to
3. A memorandum from the Department
of the Environment, Transport and the Regions in connection with
the Rail Accessibility (Croydon Tramlink Class CR4000 Vehicles)
Exemption Order 2000 (S.I. 2000/6) is printed in Appendix
2 to this Report.
4. A memorandum from the Ministry
of Agriculture Fisheries and Food in connection with the Sea Fishing
(Enforcement of Community Control Measures) Order 2000 (S.I. 2000/51)
is printed in Appendix 3 to this Report.
1999 (S.I. 1999/3445)
5. The Committee draws the special
attention of both Houses to these Regulations on the ground that
they are in two respects defectively drafted.
6. These Regulations implement,
for Great Britain, Council Directive 85/337/EEC (as amended by
Council Directive 97/11/EC) in the assessment of the effects of
certain public and private projects on the environment, in respect
of certain harbour works. The Committee asked the Department of
Transport, Environment and the Regions whether, in Regulation
8(4) and paragraph 16(4) of new Schedule 3, the reference to respectively
paragraph and sub-paragraph "(2)(a)" was intended to
be a reference to "(2)(b)". The Committee also asked
whether the reference in Regulation 14(2) which makes it an offence
for a person to fail without reasonable notice to comply with
a notice served on him under Regulation "11(1) or 12(1)"
should have read "11(1) or 13(1)". The Department, in
the memorandum printed in Appendix 4, acknowledge that in both
respects the instrument is defective and have undertaken to issue
amending regulations at the earliest possible opportunity. The
Committee therefore reports these Regulations for defective drafting,
acknowledged by the Department.
1999 (S.I. 1999/3491)
7. The Committee draws the special
attention of both Houses to these rules on the ground that there
was an unjustified delay in their laying.
8. These Rules amend the Family
Proceedings Rules 1991 so as to create a new procedural code for
applications for ancillary relief under the Matrimonial Causes
Act 1973. The instrument was made on 15th December 1999 but not
laid before Parliament until 14th January 2000. The Committee
asked the Lord Chancellor's Department why such a delay had occurred.
The Department's explanation, in the memorandum printed in Appendix
5, is that the Christmas and New Year breaks combined with the
need for several proofs of the complex forms contained in the
rules to give rise to an unavoidable delay.
9. The Committee cannot accept
this explanation. Laying is not dependent on the availability
of a perfected copy and is possible as soon as an acceptable version
is available in draft form. Neither does a parliamentary recess
preclude laying: it would have been possible to lay this type
of instrument in draft from on certain days during the Christmas
and New Year recess in the period between 15th December and 14th
January. We have indicated on several occasions that the desire
to lay an instrument in its final form is not a sufficient reason
to delay laying. Accordingly, the Committee reports these Rules
for an unacceptable delay in laying before Parliament.
1999 (S.I. 1999/3443)
10. The Committee draws the
special attention of both Houses to this Order on the ground that
it is defectively drafted.
11. This Order creates, in limited
circumstances, an exemption from the requirements for pet cats
and dogs imported into England to be placed in quarantine under
the Rabies (Importation of Dogs, Cats and Other Mammals) Order
1974 (S.I. 1974/2211). The Committee asked the Ministry of
Agriculture, Fisheries and Food to explain the number of certificates
required by the instrument since article 9(1) of the Order refers
to "all three certificates" and yet article 7(1) requires
only two certificates. The Department were asked to identify the
third certificate and consequently, to explain the certificates
indicated by the phrase "all health certificates" in
12. In the memorandum printed
in Appendix 6 the Department explain that three separate documents
are required under article 7 of the Order: (i) a certificate concerning
rabies issued by an official veterinary surgeon of the issuing
country; (ii) a certificate concerning ticks and tapeworm and
(iii) a declaration by the importer that the animal has not been
outside the permitted countries and territories in the six months
prior to importation. These are the "three certificates"
referred to in article 9(1).
13. The memorandum explains
that the declaration by the importer is in effect a health certificate
and that article 10(3)'s reference to "all health certificates"
is regarded as covering the declaration as well as the documents
described as "certificates". The Department submits
that the phrase "all health certificates issued under this
order" is not inaccurate but acknowledges that it is "unfortunate"
and could be misconstrued as referring only to the "two certificates".
14. The Committee is mindful
that criminal penalties may be applied to those who do not comply
with the provisions of this Order and therefore judges seriously
any internal inconsistencies which could give rise to misunderstandings
on the part of those who are expected to comply with it. The Department
state in the memorandum that the instrument will be amended after
a pilot period if there is a demonstrable need or if an opportunity
arises. The Committee considers that, given the possible serious
consequences of non-compliance, amendments should be made at an
early opportunity. The Committee reports regulations 9(1) and
10(3) for defective drafting.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back