Joint Committee on Statutory Instruments Twelfth Report


TWELFTH 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 by the Ministry of Defence in connection with the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 2001 (S.I. 2001/409) and the Personal Injuries (Civilians) Amendment Scheme 2001 (S.I. 2001/420) is printed in Appendix 1.

Hill Farm Allowance Regulations 2001 (S.I. 2001/476)

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

4. These Regulations implement Commission Regulation 1750/1999 laying down detailed rules for the application of Council Regulation 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund. Regulation 2(1) amongst a long series of definitions defines "ewe" as meaning "a female sheep which is at least one year old, or has lambed, on 1 January 2001". The Committee asked the Department whether this definition was intended to mean that the sheep must have lambed on rather than by 1 January 2001 in order to qualify as a ewe.

5. In its memorandum, printed in Appendix 3, the Department admits that there is a possible ambiguity in the definition of "ewe" in regulation 2(1). The Department states that its intention is that the definition should cover sheep that have lambed by 1 January 2001. The Committee therefore reports this regulation 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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