Joint Committee on Statutory Instruments Twenty-Sixth Report



TWENTY-SIXTH 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 Education in connection with the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) (England) Order 2000 (S.I. 2000/1595), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000 (S.I. 2000/1602), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship) (England) Order 2000 (S.I. 2000/1603), the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 2000 (S.I. 2000/1606), the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 (S.I. 2000/1607) is printed in Appendix 1.

ERITREA AND ETHIOPIA (UNITED NATIONS SANCTIONS) ORDER 2000 (S.I. 2000/1556)

ERITREA AND ETHIOPIA (UNITED NATIONS SANCTIONS) (OVERSEAS TERRITORIES) ORDER 2000 (S.I. 2000/1557)

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

  4. These Orders, made under the United Nations Act 1946, impose restrictions pursuant to a decision of the Security Council of the United Nations in its resolution 1298 of 17th May 2000, on the supply of arms and related materials and the provision of related technical training, to Ethiopia and Eritrea. In both cases the Committee asked the Foreign and Commonwealth Office to clarify certain drafting points. In the memoranda printed in Appendices 2 and 3, the Department agree that drafting errors have been made. In article 11(1)(b) of each of the orders, the word "and" is missing between "relating" and "any such cargo". In the Overseas Territories order (S.I. 2000/1557), in article 12(1)(c) the words "the United Kingdom" should read "the Territory" and in the Sanctions order (S.I. 2000/1556), the opening words in article 14(1) should refer to a request made under article 11, 12 "or" 13, and the title to schedule 3 should be "Disclosure of Information: Listed Territories". The Foreign and Commonwealth Office undertake to amend the instruments to incorporate these points and the Committee accordingly reports these Orders for defective drafting, acknowledged by the Department.


AIR NAVIGATION ORDER 2000 (S.I. 2000/1562)

  5. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  6. This order consolidates the Air Navigation (No. 2) Order 1995, as amended and adds new provisions relating to United Kingdom airspace, including the carriage of terrain awareness and warning systems on certain aircraft. The Committee asked the Department of the Environment, Transport and the Regions whether the opening words of subjection in article 20(3)(c)(i) ought to refer to subparagraphs (ii) and (iii). In the memorandum printed in Appendix 4, the Department agree that an error has been made and undertake to amend the order. The Committee accordingly reports the Order for defective drafting, acknowledged by the Department.


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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