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
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
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