Joint Committee on Statutory Instruments Thirteenth Report




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 Transport, Local Government and the Regions in connection with the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (City of Carlisle) Order 2001 (S.I. 2001/3543) and Road Traffic (Designation of Permitted Parking Area and Special Parking Area) (County of Cumbria) (City of Carlisle) Order 2001 (S.I. 2001/3565) are printed in Appendix 1.


3. The Committee draws the special attention of both Houses to these Regulations on the ground that there has been a failure to comply with Statutory Instrument Practice in respect of them.

4. These Regulations were made on 22 October 2001, laid before Parliament on 5 November 2001, and came into force on 22 November 2001. They therefore contravened the 21day rule contained in paragraph 5.21 of Statutory Instrument Practice, which requires that instruments subject to negative procedure should normally not be brought into force until 21 days after laying. In its first memorandum, which is printed in Appendix 2, the Northern Ireland Office states that the breach was due to an administrative error which resulted in a delay in the printing of the Regulations.

5. In response to the Committee's request to elaborate on this explanation the Department, in its second memorandum also printed in Appendix 2, explains that an error was noticed in the version of the Regulations which had been sent for printing, the correction of which, the Department was informed, would delay printing by a day or two. In the event the printing schedule was extended by a week. The Department further states that those responsible for processing the instrument overlooked the extent of the printing delay and that, if this oversight had not occurred, steps could have been taken to rectify the situation. The Department acknowledges that this breach of the 21 day rule occurred despite the fact that those responsible for the Regulations were aware of the Department's new system for handling instruments (referred to in the Committee's ninth report of this Session). The Committee deplores this further lapse in the Department's handling of instruments for Parliament and reports the Regulations for an unjustified breach of the 21 day rule.


6. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

7. Article 2(a) of the Order substitutes a new definition of the expression "replacement passport" in the Consular Fees (No. 2) Order 1999. In its memorandum, which is printed in Appendix 3, the Foreign and Commonwealth Office acknowledge that, as that expression is not used in the 1999 Order, either before or after the amendment made by this Order, the substitution

is a mistake, which they undertake to correct at the earliest opportunity. The Committee accordingly reports article 2(a) for defective drafting acknowledged by the Department.

1   The Orders of Reference of the Committee are set out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back

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