Joint Committee on Statutory Instruments Thirty-Fourth Report



THIRTY-FOURTH 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. A memorandum from the Food Standards Agency in connection with the Meat (Hazard Analysis and Critical Control Point) (England) Regulations 2002 (S.I. 2002/889) is printed in Appendix 1.
  3. RADIOACTIVE MATERIAL (ROAD TRANSPORT) REGULATIONS 2002

    (S.I. 2002/1093)

  4. The Committee draws the special attention of both Houses to these Regulations on the ground that they make an unexpected use of the enabling power.
  5. Regulation 73 authorises an examiner or inspector or a constable in uniform to require the carrier of any radioactive material or the driver of any vehicle transporting such material to produce for inspection such documents relating to that material and required by the Regulations as the examiner, inspector or constable may specify. However, unlike section 5(1) of the Radioactive Material (Road Transport) Act 1991, which requires an examiner or inspector to produce, on request, some duly authenticated document showing his authority before exercising his power to enter a vehicle (or, in the case of an inspector, to enter premises), regulation 73 does not require an inspector or examiner to produce his authority on request. The Committee asked for an explanation for this omission. In a memorandum printed at Appendix 2, the Department for Transport states that regulation 73 is in the same terms as regulation 29 of the 1996 Regulations which are revoked by the present Regulations, and suggest that the reason for not requiring the production of authority was that the production of documents was considered to be a less sensitive matter than rights of entry. The Committee does not find this explanation convincing. Most people when required to produce documents would expect to be provided with some guarantee of the examiner's or inspector's authority; and a person may understandably refuse to do so without that. Given that an examiner's or inspector's power to require the production of documents can only be exercised by someone who has been appointed as such, and the fact that a failure to comply with his request for the production of documents is an offence by virtue of section 2(4) of the 1991 Act, the Committee is of the view that Parliament would have expected the inspector's or examiner's power to be subject to a requirement that he must, if so requested, produce some duly authenticated document showing his authority, as is the case in relation to the exercise of rights of entry. Further, since the power to require the production of documents can also be exercised by a constable who must be in uniform, which would provide an indication of his authority, it would be anomalous if the corresponding power of an examiner or inspector were exercisable without having to show his authority on request. The Committee accordingly reports regulation 73 on the ground that it makes an unexpected use of the enabling power.
  6. SOUTHERN DERBYSHIRE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST CHANGE OF NAME AND (ESTABLISHMENT) AMENDMENT ORDER AND THE COMMUNITY HEALTH CARE SERVICE (NORTH DERBYSHIRE) NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1296)

    SOUTH WEST YORKSHIRE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE WAKEFIELD AND PONTEFRACT COMMUNITY NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1313)

    BRADFORD DISTRICT CARE TRUST (ESTABLISHMENT) AND THE BRADFORD COMMUNITY HEALTH NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002

    (S.I. 2002/1322)

    SOUTH OF TYNE AND WEARSIDE MENTAL HEALTH NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE PRIORITY HEALTHCARE WEARSIDE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1324)

    WEST KENT NATIONAL HEALTH SERVICE AND SOCIAL CARE TRUST (ESTABLISHMENT) AND THE THAMES GATEWAY NATIONAL HEALTH SERVICE TRUST AND INVICTA COMMUNITY CARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1337)

    MID YORKSHIRE HOSPITALS NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE PINDERFIELDS AND PONTEFRACT HOSPITALS NATIONAL HEALTH SERVICE TRUST AND THE DEWSBURY HEALTH CARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1341)

    WEST SUSSEX HEALTH AND SOCIAL CARE NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE WORTHING PRIORITY NATIONAL HEALTH SERVICE TRUST AND SUSSEX WEALD AND DOWNS NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1362)

    SANDWELL AND WEST BIRMINGHAM HOSPITALS NATIONAL HEALTH SERVICE TRUST (ESTABLISHMENT) AND THE CITY HOSPITAL NATIONAL HEALTH SERVICE TRUST AND SANDWELL HEALTHCARE NATIONAL HEALTH SERVICE TRUST (DISSOLUTION) ORDER 2002 (S.I. 2002/1364)

  7. The Committee draws the special attention of both Houses to these Orders on the ground that they are defectively drafted.
  8. Article 1(2) of each Order provides that, unless the context otherwise requires, certain expressions are to have the meaning ascribed to them in that article. In a memorandum printed at Appendix 3, the Department of Health acknowledges that the italicised words should have been omitted, since the context nowhere requires the expressions to have a different meaning. The Committee therefore reports article 1(2) of each Order for defective drafting, acknowledged by the Department.
  9. The Department also acknowledges that article 1(2) of S.I. 2002/1296 is defectively drafted in another respect. It contains an otiose definition of the expression "operational date" which is not used elsewhere in the Order. The Committee reports accordingly.

 


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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