Joint Committee on Statutory Instruments Twenty-Fifth Report


APPENDIX 4

Memorandum from the Department for Environment, Food and Rural Affairs

DAIRY PRODUCE QUOTAS (GENERAL PROVISIONS) REGULATIONS 2002 (S.I. 2002/458)

1. The Committee has requested a memorandum on the following point:

Did the Department consult the Council on Tribunals before making these Regulations? If so, why is this not referred to in the preamble to the Instrument? (See Statutory Instrument Practice, paragraph 2.27).

2. The Department did not consult the Council on Tribunals ("the Council") before making the Dairy Produce Quotas (General Provisions) Regulations 2002 ("the 2002 Regulations"), and therefore did not refer to such consultation in the preamble to the Instrument.

3. Section 8(1) of the Tribunals and Inquiries Act 1992 (1992 c.53) ("the 1992 Act") provides that "the power of a Minister¼to make, approve, confirm or concur in procedural rules for any tribunal specified in Schedule 1 shall be exercisable only after consultation with the Council". The Tribunals established by the 2002 Regulations are not specified in Schedule 1 to the 1992 Act.

4. There are references in Schedule 1 to the 1992 Act to 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 (S.I. 1991/2232). The Tribunals to which reference was thereby made had continued in existence for certain limited purposes by virtue of the Dairy Produce Quotas Regulations 1997 (S.I. 1997/733). They cease to exist on 31 March by virtue of, in relation to England, regulation 35 of, and Schedule 4 to, the Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), in relation to Wales, regulation 35 of, and Schedule 4 to, the Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/766 (W.83)), and, in relation to Scotland, regulation 35 of the Dairy Produce Quotas (Scotland) Regulations 2002 (SS.I. 2002/110).

5. However, the Department appreciates that it is desirable that the Council be consulted by Departments in cases where tribunals are affected in circumstances not falling within section 8 of the 1992 Act. Although in this case, the rules for the new Tribunals are essentially the same as the rules for the existing Tribunals which they replace, the Department on reflection intends to invite the Council to consider the procedures set out in the 2002 Regulations.

6. We will also consider with the Council, the Lord Chancellor's Department and the devolved administrations whether an amendment should be made to Schedule 1 to the 1992 Act to specify the Tribunals established by the 2002 Regulations.

25th March 2002


 
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