Joint Committee on Statutory Instruments Thirtieth Report


4 S.I. 2003/1934: unexpected use of enabling power

Education (Provision of Information by Independent Schools) (England) Regulations 2003 (S.I. 2003/1934)

4.1 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.

4.2 Regulation 8(1) requires the proprietor of an independent school who has ceased to use a person's service on certain specified grounds to report the facts of the case and provide certain information that is available to him in relation to such a person to the Secretary of State. Since a breach of this provision is an offence, the Committee asked the Department for Education and Skills to explain the omission of a specific period for compliance with these requirements. In a memorandum printed in Appendix 4, the Department states that it was intended that enforcement action would be taken where compliance had not occurred within a reasonable period. However, it acknowledges the desirability of including a specific period for compliance, and undertakes to amend the Regulations in this respect at the earliest opportunity. Given that a breach of regulation 8(1) is an offence, the Committee considers that the omission of a specific period for compliance with the requirements of that provision constitutes an unexpected use of the enabling power. It reports accordingly.


 
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