Joint Committee on Statutory Instruments Twenty-Ninth Report



APPENDIX 2

Memorandum from the Department for Environment, Food and Rural Affairs

TSE (ENGLAND) REGULATIONS 2002 (S.I. 2002/843)

1. The Committee considered the TSE (England) Regulations 2002 at its meeting on 29th April 2002 and requested a memorandum in response to the points it raised.

"(1) The Committee found it unhelpful that the expression "TSE" was neither defined in regulation 3(1) nor set out in full in the title to the instrument. Does the Department agree that it would have been helpful to the reader if the title had been more explicit and the expression had been defined in regulation 3(1)?"

2. In response, the Department notes the Committee's concern about the clarity and comprehensibility of the title to the TSE (England) Regulations 2002 to any reader who is not familiar with its subject matter and will bear this concern in mind in future. However, the Department considered this in preparation of the Regulations and decided not to set out in full the expression "TSE" in the title to the Regulations nor define it as the expression is already defined in the Community legislation for which the Regulations make administration and enforcement provision. (This is Article 3.1(a) of the Community TSE Regulation, Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, OJ No. L 147, 31.5.2001, p.1, as amended by the other community legislation defined in regulation 3(1) and explained in the explanatory note to the Regulations).

3. The Department notes that persons likely to be affected by the Regulations were provided with the necessary references to the definition of TSE as part of the Department's consultation about the proposals for the Regulations. The Department also notes that regulation 3(2) provides that expressions not defined in the Regulations and which appear in the Community legislation for which the Regulations provide administration and enforcement have the same meaning in the Regulations as they have for the purposes of that Community legislation.

"(2) Regulation 3(1) includes a definition of "cutting premises" which is patently defective. What was this intended to say?"

4. The Department regrets this typographical error which is contained in the signature copy. This definition needs to be revoked and replaced with one free from the typographical error.

"(3) Regulation 4(2)(k) confers the right on an inspector to enter premises to slaughter any TSE susceptible animal for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation. Regulation 71(2)(p) confers a similar right for any purpose connected with the administration or enforcement of Part IV of the Regulations. Explain, with examples, the circumstances in which an inspector might exercise this right for such purposes."

"(5) Why do the Regulations not provide for the payment of compensation in respect of an animal slaughtered in the exercise of the right conferred by regulation 71(cf. regulation 9(1))?"

5. The Department regrets that the inclusion of regulation 71(2)(p) is also an error in the signature copy of the draft instrument. Regulation 4(2)(k) confers the right on an inspector to enter premises to slaughter any TSE susceptible animal for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation. Regulation 71(2)(p) was originally drafted on the basis of the similar provision at regulation 4(2)(k) but was not needed and should have been removed from the typescript of the draft. As an error, regulation 71(2)(p) will be revoked. There is no need for any provision relating to compensation consequential on the exercise of the right conferred by regulation 71(2)(p), there never having been an intention to make provision for the exercise of the right conferred in error by regulation 71(2)(p).

"(4) In regulation 9(2) explain the reference to paragraph (3)."

6. The Department acknowledges with regret this is also a typographical error in the signature copy of the instrument.

"(6) Regulations 42(1) and 51(1) create offences. Where are the penalties to which a person convicted of such an offence is liable laid down?"

7. The Department refers the Committee to the penalties in regulation 76(2)(d) to which a person convicted of the offences created by regulations 42(1) and 51(1) is liable.

"(7) Explain the meaning of "any of the provisions referred to in paragraph (2)" in regulation 99(3)."

8. The Department acknowledges with regret this is also a typographical error in the signature copy of the instrument.

9. Together with the other errors in the typescript of the draft Regulations submitted for ministerial signature which have been pointed out by the Committee, it is intended the error will be corrected by the making of an amending instrument in accordance with paragraph 3.24 of the Statutory Instrument Practice.

2nd May 2002

 


 
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