Joint Committee on Statutory Instruments Twenty-Eighth Report



TWENTY-EIGHTH 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. Memoranda from the Department for Environment, Food and Rural Affairs in connection with the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2002 (S.I. 2002/732) are printed in Appendix 1.

3. A memorandum from the Lord Chancellor's Department in connection with the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 2002 (S.I. 2002/832) is printed in Appendix 2.

4. A memorandum from the Lord Chancellor's Department in connection with the Court of Protection (Amendment) Rules 2002 (S.I. 2002/833) is printed in Appendix 3.

5. A memorandum from the Northern Ireland Office in connection with the Police Service of Northern Ireland Pensions Regulations 2002 (S.R. 2002/100) is printed in Appendix 4.

HEMP (THIRD COUNTRY IMPORTS) REGULATIONS 2002 (S.I. 2002/787)

6. The Committee draws the special attention of both Houses to these Regulations on the grounds that they are defectively drafted in one respect, and that in another respect they make an unexpectedly limited use of the enabling power.

7. Regulation 2(1) provides that in these Regulations, unless the context otherwise requires, certain expressions are to have the meaning ascribed to them by that regulation. In a memorandum printed as Appendix 5, the Department for Environment, Food and Rural Affairs accepts that the italicised words should have been omitted since the context nowhere requires any of the expressions listed to have a different meaning. The Committee therefore reports regulation 2(1) for defective drafting, acknowledged by the Department.

8. Paragraph (1) of regulation 15 empowers the appropriate authority to suspend or revoke a licence or authorisation where the person to whom it has been granted is guilty of an offence under regulation 16. Paragraph (2) requires the authority to take certain steps before it decides to revoke a licence or authorisation: it must give the importer written notice of its proposed decision with a statement of its reasons, afford that person an opportunity to make written representations, and it must consider any such representations. The Committee asked the Department to explain why paragraph (2) does not extend to a decision to suspend a licence or authorisation. The Department states that there is no substantive reason for the procedures mentioned in paragraph (2) to apply only in the case of revocation, and accepts that those procedures should also apply in the case of a suspension of a licence or authorisation. It undertakes to amend regulation 15(2) to make those procedures applicable in the latter case. The Committee therefore reports regulation 15(2) on the ground that it makes an unexpectedly limited use of the enabling power, as acknowledged by the Department.

 


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

 
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