Joint Committee on Statutory Instruments Thirty-Fifth Report


THIRTY-FIFTH 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 Home Office in connection with the Race Relations Act 1976 (General Statutory Duty: Code of Practice) Order 2002 (S.I. 2002/1435) is printed in Appendix 1.

3. A memorandum from the Department for Transport in connection with the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1474) is printed in Appendix 2.

4. A memorandum from the Department for Work and Pensions in connection with the Stakeholder Pension Schemes (Amendment) Regulations 2002 (S.I. 2002/1480) is printed in Appendix 3.

5. A memorandum from the Lord Chancellor's Department in connection with the Rules of the Supreme Court (Northern Ireland) (Amendment No. 2) 2002 (S.R. 2002/202) is printed in Appendix 4.

DISABILITY DISCRIMINATION (EDUCATIONAL INSTITUTIONS) (ALTERATION OF LEASEHOLD PREMISES) REGULATIONS 2002 (S.I. 2002/1458)

6. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted and fail to comply with proper drafting practice.

7. These Regulations contain numerous references to Schedule 6 to the Disability Discrimination Act 1995. In a memorandum printed at Appendix 5, the Department for Education and Skills acknowledges that these references should have been to Schedule 4 to that Act (Part 3 of which was inserted by Schedule 6 to the Special Educational Needs and Disability Act 2001). The Department undertakes to remake the Regulations promptly. The Committee accordingly reports these Regulations for defective drafting, acknowledged by the Department.

8. Regulation 7 modifies provisions of the 1995 Act in relation to certain cases. The power to make such a regulation is conferred by paragraph 14 of Schedule 4 to the 1995 Act. The preamble to these Regulations cites as the sole enabling power paragraph 13 of that Schedule. The Department acknowledges that paragraph 14 should also have been cited, as required by paragraph 2.23 of Statutory Instrument Practice. The Committee accordingly reports these Regulations for the acknowledged failure to follow proper drafting practice.



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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