Joint Committee on Statutory Instruments Twenty-Fifth Report


TWENTY-FIFTH 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 Department of the Environment, Transport and the Regions in connection with the Town and Country Planning (Mayor of London) Order 2000 (S.I. 2000/1493) is printed in Appendix 1.

  3. A memorandum by the Department of the Environment, Transport and the Regions in connection with the Motor Vehicles (Tests) (Amendment) Regulations 2000 (S.I. 2000/1432) is printed in Appendix 2.

TOWN AND COUNTRY PLANNING (LONDON SPATIAL DEVELOPMENT STRATEGY) REGULATIONS 2000 (S.I. 2000/1491)

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

  5. These regulations provide for certain detailed matters relevant to the requirement in Part VIII (planning), in particular section 338, of the Greater London Authority Act 1999 that the Mayor must, before publishing a spatial development strategy, cause a public examination to be held to which the public may make submissions. Regulation 8 requires the panel of appointees of the Secretary of State who are to conduct the public examination to give the public notice, by advertisement in Form 2, of the holding of the examination and of the address to which and the time within which representations are to be made. Paragraph 8(6) provides that the panel shall not be required to consider a written submission unless it is shorter than 2000 words and the panel is furnished with the number of copies they require no later than 3 weeks before the opening of the examination. The Form 2 advertisement does not refer the reader to these two preconditions and the Committee were concerned as to how those wishing to make submissions would be made aware of what was required of them.

  6. In the memorandum printed in Appendix 3, the Department of the Environment, Transport and the Regions explained that the panel has a discretion to take into account submissions which do not comply with the provisions of paragraph 8(6). In addition, further documentation relating to the requirements is publicly available and Form 2 contains details of places where further information can be obtained. In conclusion, the Department contend: "...any person who wishes to make submissions and has not read regulation 8(6) is likely to seek information and will, therefore, become aware of the terms of this provision by this means."

  7. The Committee cannot accept this argument. A person must be given the necessary information to secure his right to have his representations considered. It is unreasonable to expect a person seeking to make a submission to seek out the basic information contained in paragraph 8(6) from sources other than the advertisement in Form 2: a short paragraph on the form would solve the problem by putting the person on notice of what is required. The Committee accordingly reports these regulations for defective drafting because Form 2 is inadequate to secure this right.

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

  The Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000.

  The Patents Regulations 2000.

†The Vaccine Damage Payments Act 1979 Statutory Sum Order 2000.

  The Scotland Act 1998 (Consequential Modifications) Order 2000.

Instruments subject to annulment

  Town and Country Planning (Mayor of London) Order 2000 (S.I. 2000/1493).

  Motor Vehicles (Tests) (Amendment) Regulations 2000 (S.I. 2000/1432).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 2000 (S.I. 2000/1597).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000 (S.I. 2000/1598).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology) (England) Order 2000 (S.I. 2000/1599).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) (England) Order 2000 (S.I. 2000/1600).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000 (S.I. 2000/1601).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) Order 2000 (S.I. 2000/1604).

  The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 2000 (S.I. 2000/1605).

  The Housing (Right to Acquire) (Discount) Order 2000 (S.I. 2000/1622).

  The Merchant Shipping (Formal Investigations) (Amendment) Rules 2000 (S.I. 2000/1623).

  The National Health Service (General Medical Services) Amendment (No. 3) Regulations 2000 (S.I. 2000/1645).

  The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000 (S.I. 2000/1627).

†The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (S.I. 2000/1673).

†The Railways (Interoperability) (Notified Bodies) Regulations 2000 (S.I. 2000/1674).

†The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2000 (S.I. 2000/1678).

†The Cosmetic Products (Safety) (Amendment) Regulations 2000 (S.I. 2000/1679).

  The Merchant Shipping (Fees) (Amendment) Regulations 2000 (S.I. 2000/1683).

  The Feedingstuffs (Zootechnical Products and Medicated Feedingstuffs) (Amendment) Regulations 2000 (S.I. 2000/1686).

  The Friendly Societies (Insurance Business) (Amendment) Regulations 2000 (S.I. 2000/1700).

  The Telecommunications (Licence Modifications) (Amendment) Regulations 2000 (S.I. 2000/1713).

  The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Reading) Order 2000 (S.I. 2000/1719).

  The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) (No. 2) Order 2000 (S.I. 2000/1728).

Instruments not subject to Parliamentary proceedings not laid before Parliament

  The Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations Order of Council 2000 (S.I. 2000/1619).

  The East London and The City Mental Health National Health Service Trust (Establishment) Amendment Order 2000 (S.I. 2000/1669).

  The British Wool Marketing Scheme (Amendment) Order 2000 (S.I. 2000/1709).

  The Greater London Authority Act 1999 (Commencement No. 7 Transitional Provisions and Amendment) Order 2000 (S.I. 2000/1648).

  The Local Government Act 1999 (Commencement No. 3) (England) Order 2000 (S.I. 2000/1724).


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


 
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