Joint Committee on Statutory Instruments First Special Report


Annex 2: Analytical tables

Table 1A: Analysis of returns for outstanding points on instruments reported in 2000
Ground for reporting
Points reported on in 2000
Points outstanding at end 2002
Defective drafting 117 34
Dubious vires 5 3 (3)
Elucidation required 23 0
Unusual or unexpected use of powers 18 3 (3)
Failure to comply with proper drafting practice 6 0
Incomplete explanatory note 0 0
Other 15 0
TOTAL 184 40 (6)

Figures in brackets indicate the number of points on which the Department is in disagreement with the Committee.

Table 1B: Analysis of returns for outstanding points on instruments reported in 2001
Ground for reporting
Points reported on in 2001
Points outstanding

at end 2002
Defective drafting 126 71
Dubious vires 6 1 (1)
Elucidation required 5 0
Unusual or unexpected use of powers 9 1 (1)
Failure to comply with proper drafting practice 12 0
Incomplete explanatory note 5 0
Other 21 0
TOTAL 184 73 (2)

Figures in brackets indicate the number of points on which the Department is in disagreement with the Committee.

Table 1C: Analysis of returns for instruments reported in 2002
Grounds for reporting
Points reported on

in 2002
Points outstanding at end 2002
Defective drafting 99 47
Dubious vires 2 2 (2)
Elucidation required 3 0
Unusual or unexpected use of powers 7 1 (1)
Failure to comply with proper drafting practice 4 0
Incomplete explanatory note 1 0
Other 23 0
TOTAL 139 50 (3)

Figures in brackets indicate the number of points on which the Department is in disagreement with the Committee.

Table 2: Analysis of returns for outstanding points on instruments reported in 1999 or earlier
Grounds for reporting
Points reported on in 1999

or earlier ‡
Points outstanding at end 1999 ‡
Points outstanding at end 2002
Defective drafting 75 57 (5) 42 (6)
Dubious vires 3 0 (2) 0
Elucidation required 9 1 1
Unusual or unexpected use of powers 8 2 (3) 3
Failure to comply with proper drafting practice 6 0 0
Incomplete explanatory note 2 0 0
Other 4 0 3
TOTAL 107 60 (10) 49 (6)

Figures in brackets indicate the number of points on which the Department is in disagreement with the Committee.

‡ More than one point may be taken on an instrument. Figures in the 1999 return (First Special Report of Session 1999-2000, HL Paper (1999-2000) 103, HC (1999-2000) 819) reflected the number of instruments on which points remained outstanding, rather than the total number of points outstanding.

Table 3A: Analysis by department of returns for outstanding points on instruments reported in 2000
Department
Points reported on in 2000
Points outstanding at end 2002
Department for Education and Employment 17 8
Department for Environment, Transport and the Regions 44 13*
Department of Health and Department of Social Security 49 6†
Department of Trade and Industry 22 3
Foreign and Commonwealth Office 14 4
Home Office 4 0
Lord Chancellor's Department 13 0
Ministry of Agriculture, Fisheries and Food 13 0
Ministry of Defence 3 3
Northern Ireland Office 5 3
TOTAL 184 40

* For which departmental responsibility is as follows: DEFRA - 2, DoH - 6, ODPM - 5

† Now the responsibility of the Food Standards Agency

Table 3B: Analysis by department of returns for outstanding points on instruments reported in 2001
Department
Points reported on in 2001
Points outstanding at end 2002
Department for Education and Employment/ Education and Skills 19 2
Department for Environment, Food and Rural Affairs 0 1*
Department for Environment, Transport and the Regions 28 2 §
Department for Transport, Local Government and the Regions 3 0
Department of Health and Department of Social Security/Work and Pensions 20 7
Department of Trade and Industry 15 6
Foreign and Commonwealth Office 7 1
Home Office 1 1
Lord Chancellor's Department 26 11
Ministry of Agriculture, Fisheries and Food 6 1 †
Northern Ireland Office 53 40
Privy Council Office 4 2
HM Treasury 2 0
TOTAL 184 73

* Formerly the responsibility of the Ministry of Agriculture, Fisheries and Food

† Responsibility transferred to the Department for Environment, Food and Rural Affairs

§ Responsibility transferred to Department of Health and Health and Safety Executive

Table 3C: Analysis by department of returns for instruments reported in 2002
Department
Points reported on in 2002
Points outstanding at end 2002
Department for Education and Skills 22 3
Department for Environment, Food and Rural Affairs 25 9
Department for Transport, Local Government and the Regions 2 0
Department of Health and Department for Work and Pensions 44 22
Department of Trade and Industry 5 4
Department for Transport 8 6
Food Standards Agency 4 2
Home Office 4 3
Lord Chancellor's Department 1 1
Ministry of Defence 1 1
Northern Ireland Office 2 2
Office of the Deputy Prime Minister 6 2
Privy Council Office 14 0
HM Treasury 1 1
TOTAL 139 56

Table 4: Analysis by department of returns for outstanding points on instruments reported in 1999 or earlier
Department
Points outstanding at end 1999 ‡
Points outstanding at end 2002
Department for Education and Employment 8 6
Department for Environment, Transport and the Regions * 38 6
Department of Health and Department of Social Security 3 1
Department of Trade and Industry 5 3
Foreign and Commonwealth Office 2 1
Home Office 2 15 (6)
Lord Chancellor's Department 3 0
Ministry of Agriculture, Fisheries and Food 8 10
Ministry of Defence 0 1
Northern Ireland Office —† 6
Privy Council Office 1 0
TOTAL 70 49 (6)

Figures in brackets indicate the number of points on which the Department is in disagreement with the Committee.

* For which departmental responsibility is as follows: DfT - 4, DoH/HSE - 2

† No figures given in 1999 return

‡ More than one point may be taken on an instrument. Figures in the 1999 return (First Special Report of Session 1999-2000, HL Paper (1999-2000) 103, HC (1999-2000) 819) reflected the number of instruments on which points remained outstanding, rather than the total number of points outstanding.




 
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