Joint Committee on Statutory Instruments Fourth Report


FOURTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

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 Office for National Statistics in connection with the Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2000 (S.I. 2000/3165) is printed in Appendix 1.

THE TRANSPORT TRIBUNAL RULES (S.I. 2000/3226)

3. The Committee draws the special attention of both Houses to these Rules on the grounds that they are defectively drafted, have not complied with the requirements of Statutory Instrument Practice, and that their Explanatory Note was insufficiently informative.

4. These Rules, which are made under paragraph 11(1) of Schedule 4 to the Transport Act 1985, revoke and replace the Transport Tribunal Rules 1986. They govern the procedure to be followed where an application or appeal is made to the Transport Tribunal in various cases. The Table of Arrangement for the Rules follows the recital of powers although Statutory Instrument Practice requires that it should precede the recital. The Committee asked the Lord Chancellor's Department to explain this irregular order.

5. The Department, in its memorandum printed in Appendix 2, acknowledge the error and apologise to the Committee for having overlooked the relevant section of Statutory Instrument Practice. The Committee accordingly reports the Rules for not having properly complied with Statutory Instrument Practice.

6. Rule 13(1) of the Transport Tribunal Rules requires the secretary "upon receipt of the details to be provided under rule 15(1)(d)" to send a copy of the notice of appeal to—amongst others—the traffic commissioner. Rule 15(1)(d) requires the traffic commissioner "upon receipt of a copy of notice of appeal" to send to the Tribunal certain documentation. The Committee asked the Department to explain how these provisions are intended to inter-relate. In its memorandum the Department accepts that as currently drafted these provisions cannot inter-relate as intended, admits and apologises for its error. It intends to amend the Rules at the earliest possible opportunity. The Committee accordingly reports the provisions for defective drafting, as acknowledged by the Department.

7. The Explanatory Note accompanying the instrument is brief and explains the applications of the various rules by terse reference to various pieces of primary legislation. The Committee asked the Department why the Explanatory Notes contained no clear statement of the substance and purpose of the instrument. The Department accepts that the Explanatory Note was not sufficiently informative, and a more satisfactory version of the Note which it supplied to the Committee is printed in its memorandum at Appendix 2. The Committee therefore reports the Rules for having an insufficiently informative Explanatory Note.


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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