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 from the Department for Work and
Pensions in connection with the Occupational Pension Schemes (Minimum
Funding Requirement and Miscellaneous Amendments) Regulations
2002 (S.I. 2002/380) is printed in Appendix 1.
3. A memorandum from the Department for Culture,
Media and Sport in connection with the Gaming Act (Variation of
Fees) (England and Wales) Order 2002 (S.I. 2002/637), the
Lotteries (Gaming Board Fees) Order 2002 (S.I. 2002/639),
the Gaming (Bingo) Act (Fees) (Amendment) Order 2002 (S.I. 2002/640),
and the Gaming Act (Variation of Fees) (England and Wales and
Scotland) Order 2002 (S.I. 2002/642) is printed in Appendix
(QCA LEVY) REGULATIONS
2002 (S.I. 2002/435)
4. The Committee draws the special attention of
both Houses to these Regulations on the ground that their drafting
is defective in one respect and unnecessarily complex and obscure
5. The Regulations provide for the imposition of
a levy on persons awarding National Vocational Qualifications
which are accredited by the Qualifications and Curriculum Authority.
Regulation 5 provides for the amount of the levy to be calculated
by reference to the number of leviable awards made by the awarding
body, "leviable awards" being defined in regulation
2 as awards of NVQs accredited by the Authority. Regulation 5(3)
provides for the levy, in certain circumstances, to be calculated
by reference to the Authority's estimate of "the number of
awards" made. In a memorandum printed at Appendix 3, the
Department for Education and Skills acknowledges that this should
read "the number of leviable awards", and undertakes
to amend the provision before the first occasion on which it could
apply. The Committee accordingly reports regulation 5(3) for
defective drafting, acknowledged by the Department.
6. Regulation 6 deals with the case where the levy
for one or more accounting periods has been estimated due to a
lack of certainty as to the number of leviable awards that have
been made. In essence, it requires subsequent levies to be adjusted
to take account of any over- or underestimate previously made.
In the Committee's view, this regulation is drafted in an unnecessarily
complex and obscure manner, involving a long first paragraph and
the unnecessary use of a mathematical formula with lengthy definitions
of the terms used. To illustrate the point the Committee invited
the Department to consider a simpler and shorter alternative.
The Department accepts that the alternative draft expresses the
point more simply and clearly, but would not necessarily agree
that regulation 6 is drafted in an obscure way. It will, however,
consider amending the provision. The Department also questions
whether the Committee's draft deals with the case where more than
one adjustment is needed for a single accounting period. Although
it is for the Department to satisfy itself whether any express
provision is required to deal with that case, the Committee doubts
whether this is necessary or, if thought to be so, would require
more than the addition of a few words in its draft.
7. The Committee wishes to emphasise the desirability
of subordinate legislation being drafted as clearly and simply
as the subject matter permits. In this case it considers that
this objective was not achieved, and reports regulation 6 accordingly.
REGULATIONS 2002 (S.I. 2002/458)
8. The Committee draws the special attention of
both Houses to these Regulations on the ground that appropriate
consultation was not undertaken before they were made.
9. Regulation 7 reconstitutes Dairy Produce Quota
Tribunals, and the Schedule provides for their constitution, staffing
and procedures. Section 8(1) of the Tribunals and Inquiries Act
1992 provides that the power to make procedural rules for any
tribunal listed in Schedule 1 to that Act is exercisable only
after consultation with the Council on Tribunals. Among the tribunals
so listed are the Dairy Produce Quota Tribunal for England and
Wales and the Dairy Produce Quota Tribunal for Scotland constituted
under regulation 35(1) of the Dairy Produce Quotas Regulations
1991. The existence of these tribunals has been continued by a
number of subsequent instruments.
10. The Department for Environment, Food and Rural
Affairs, in a memorandum printed at Appendix 4, suggests that,
as the tribunals established by these Regulations are not specified
in Schedule 1 to the Act, the requirement to consult did not apply.
It seems to the Committee, however, arguable that section 17(2)
of the Interpretation Act 1978 (which provides that where an Act
repeals and re-enacts, with or without amendment, a previous enactment,
then any reference in any other enactment to the enactment so
repealed shall be construed as a reference to the provision re-enacted)
applies in this case, even though the revocation and re-enactment
occur in separate instruments.
11. In any event, the Department acknowledges that
it is desirable for the Council to be consulted in cases where
tribunals are affected in circumstances not falling within section
8, and states that it intends to invite the Council to consider
the procedures set out in these Regulations. The Department also
undertakes to consider whether the tribunals reconstituted by
regulation 7 should be added to Schedule 1 to the 1992 Act.
12. The Committee agrees that consultation would
have been desirable in this case and accordingly reports these
Regulations on the ground that no such consultation took place.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 2001-02 (HL Paper 7; HC 135-i). Back