Joint Committee on Statutory Instruments First Special Report


Appendix 2b

Ministry of Agriculture, Fisheries and Food and Department for Environment, Food and Rural Affairs:
instruments reported, 2000-2002

Total number of instruments reported:   2000 (MAFF):    10 (of which action on 1 remains outstanding)

            2001 (MAFF/DEFRA):  6 (of which action on 1 remains outstanding)

             2002 (DEFRA):    17 (of which action on 5 remains outstanding)

§ — indicates departmental responsibility transferred from Department for Environment, Transport and the Regions
JCSI Report Instrument title Regulation No. and ground for reporting Type and date of response Observations
2000
1999-2000
8th Plant Protection Products (Amendment) (No. 2) Regulations 1999

(S.I. 1999/3430)

Regulation 1(3): requiring elucidation Other Elucidation was required because of what the Committee saw as an unnecessary avoidance of doubt in covering continuity of UK Ministers' functions in relation to Scotland. The regulations in question have now been revoked and replaced in relation to England and Wales by the Plant Protection Products (Amendment) Regulations 2001 (S.I. 2001/1112), leaving Scots amendments to be covered by Scottish Executive instruments, so the issue no longer arises.
9th Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 (S.I. 1999/3443) Articles 9(1) and 10(3):

defective drafting

Amending instrument issued See the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2000 (S.I. 2000/1298)
14th Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) Order 2000 (S.I. 2000/345) Article 5(1): defective drafting No action necessary Prohibition imposed by Order ceased to be in force after 30th April 2000: omission to correct accepted by Committee.
18th Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000
(S.I. 2000/827)
Article 3: inadequate use of enabling power Amending instrument issued See the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Amendment) Order 2000 (S.I. 2000/2008). Both S.I.s 2000/827 and 2000/2008 are to be revoked on 29 May 2001 by the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2001.
20th Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 (S.I. 2000/1081) Article 4: defective drafting Other [2000]

Amending instrument issued [2001]

The 2000 Order is to be amended in the summer of 2001 for another purpose and the necessary amendment will be made then. [2000]

See The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 2002 (S.I. 2002/426). [2001]

22nd Pets Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2000 (S.I. 2000/1298) Article 2(3): defective drafting Amending instrument issued See the Pets Travel Scheme (Pilot Arrangements) (England) (Amendment) (No. 2) Order 2000 (S.I. 2000/1641)
30th Sheep and Goats Identification (England) Order 2000 (S.I. 2000/2027) Article 5: doubtful vires Amending instrument issued See the Sheep Annual Premium (Amendment) Regulations 2001

(S.I. 2001/281)

32nd Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2000

(S.I. 2000/2301) §

2(3): defectively drafted Awaiting opportunity to amend. The amending Regulations have been drafted and it is hoped to have them in place before the end of July 2001. [2000] The Department regrets that the amendment has not yet been made, and undertakes to bring forward an amendment shortly. [2002]
33rd Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 1) Regulations 2000

(S.I. 2000/2524)

Regulation 1: procedural defect on laying No action necessary Required apology only: given in response to Committee
2000-01
2nd Rural Development Grants (Agriculture and Forestry) Regulations 2000
(S.I. 2000/2907)
Regulations 5(3) (b) and (c): defective drafting Awaiting opportunity to amend [2000]

Amending instrument issued [2001]

Amendment likely to be made in autumn 2001. [2000]

See The Rural Development Grants (Agriculture and Forestry) (Amendment) Regulations 2001 (S.I. 2001/3897). [2001]

2001
2000-01
3rd Countryside Stewardship Regulations 2000 (S.I. 2000/3048) Regulations 2(1), 3(3) and 5(b): defective drafting. Amending instrument issued [2001] The Countryside Stewardship (Amendment) Regulations 2001 (S.I. 2001/3991) rectified each of the drafting defects identified by the Committee.
5th Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184) § Regulations 1 and 35(8): defective drafting Amending instrument issued [2001] These defects were corrected by a combination of the Water Supply (Water Quality) (Amendment) Regulations 2001 (S.I. 2001/2885) and the Water Supply (Water Quality) Regulations 2001 (S.I. 2001/3911) (W.323).
12th Hill Farm Allowance Regulations (S.I. 2001/476) 2(1): defective drafting Amending instrument issued See the Hill Farm Allowance Regulations 2002 (S.I. 2002/271)
14th Pollution Prevention and Control (England and Wales) (Amendment)
Regulations 2001 (S.I. 2001/503) §
Explanatory Note: insufficiently informative and therefore incomplete. No action necessary This did not call for amendment but was noted for future reports.
16th Foot-and-Mouth Disease (Ascertainment of Value) (No.4) Order
(S.I. 2001/1242)
2(4) and (7): require elucidation

2(9): Defectively drafted

Amending instrument issued See The Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001 (S.I. 2001/2734)
2001-02
2nd Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 (S.I. 2001/1117) 17(1): Defectively drafted Awaiting opportunity to amend Amendment likely to be made in 2004. [2001]

Work is currently under way to establish what changes may be made to the fisheries grants system in 2004. Once this is complete, the Department will be in a position to decide whether an amendment will be needed in 2004. If this is the case, the opportunity will be taken to rectify the defect identified by the Committee. [2002]

2002
2001-02
15th Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) 9(5): Defective drafting Awaiting opportunity to amend Various amendments to these Regulations are anticipated later this year (to come into effect by 31.12.03). The opportunity to correct this defect will be taken at that time. [2001]

The amending SI anticipated to be made in 2003 is now likely to be prepared in early 2004. [2002]

16th Fur Farming (Compensation Scheme) (England) Order 2001
(S.I. 2001/3853)
Schedule 3: Defective drafting Committee's comments incorporated in succeeding instrument Defect corrected by the Fur Farming (Compensation Scheme) (England) Order 2002, SI 2002/221, made on 5th February 2002.
17th Plant Protection Products (Payments) Regulations 2001 (S.I. 2001/3898) Failure to provide a compatibility with Convention rights statement No action necessary Noted for future but a defect in relation to which no further action can be taken.
17th Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas (England) Regulations 2001

(S.I. 2001/3966)

10(1): Defective drafting Awaiting opportunity to amend Policy review under way: expecting to amend Regulations in autumn 2003. [2001]

Amendment is now expected in 2004, as consultation on the review has been delayed pending conclusions on implementation of Common Agricultural Policy reforms. [2002]

20th Peak District National Park Authority (Restriction of Agricultural Operations) Order 2002 (S.I. 2002/80) Delay in notifying the Lord Chancellor and Speaker that the instrument came into force before it was laid No action necessary Noted for future but a defect in relation to which no further action can be taken.
21st Home Energy Efficiency Scheme (England) (Amendment) Regulations 2002 (S.I. 2002/115) 3 (a): Defective drafting

Unexpectedly limited use of the enabling power

Committee's comments incorporated in succeeding instrument Drafting defects addressed in the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2003, made on 4th April 2003 (SI 2003/1017).
21st Import and Export Restrictions (Foot-And-Mouth Disease) (No. 3) Regulations 2002

(S.I. 2002/119)

5(3): defective drafting No further action necessary The Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) Regulations 2002(SI 2002/119) were revoked by the Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) (Revocation) Regulations 2002 (SI 2002/468), made on 4th March 2002.
22nd Animal Gatherings (Interim Measures) (England) Order 2002 (S.I. 2002/202) 2: defective drafting Committee's comments incorporated in succeeding instrument Order revoked by The Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002, SI 2002/1328, made on 13th May 2002. Defect corrected in the new Order.
23rd Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 (S.I. 2002/240) 2(1): defective drafting Committee's comments incorporated in succeeding instrument This Order was replaced and revoked by the Sheep and Goats Identification and Movement (No.2) Order 2002, SI 2002/2153, made on 16th August 2002, which repealed SI 2002/240 and corrected the defect reported on.
24th Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002 (S.I. 2002/284) 15(1): defective drafting No action necessary Noted for future but no need for amendment as the defect identified did not affect the sense.
25th Dairy Produce Quotas (General Provisions) Regulations 2002
(S.I. 2002/458)
Appropriate consultation was not undertaken Awaiting opportunity to act on comments: The Department invited the Council on Tribunal's comments on the procedure set out in the 2002 Regulations. Consideration being given to an amendment being made to Schedule 1 to the Tribunals and Inquiries Act 1992 to add the new Tribunals. [2002] The Department has invited comments from the Council on Tribunals and is awaiting a response. An amendment to Schedule 1 of the Tribunals and Inquiries Act 1992 is currently being drafted to add the tribunals re-constituted under the 2002 regulations to those tribunals supervised by the Council on Tribunals. [2003]
27th Environmental Protection (Controls on Ozone-Depleting Substances)
Regulations 2002
(S.I. 2002/528)
5(4): defective drafting Awaiting opportunity to amend The Department is still awaiting the opportunity to amend these Regulations. [2002]
28th Hemp (Third Country Imports) Regulations 2002 (S.I. 2002/787) 2(1): defective drafting

15(2): unexpectedly limited use of the enabling power

Committee's comments incorporated in succeeding instrument Defects addressed in the Hemp (Third Country Imports) (Amendment) Regulations 2002 (S.I. 2002/1924), made on 22nd July 2002.
29th TSE (England) Regulations 2002 (S.I. 2002/843) 3(1): defective drafting

71(2) (p): defective drafting

9(2): defective drafting

99(3): defective drafting

Committee's comments incorporated in succeeding instrument Defects rectified by the TSE (Amendment) Regulations 2002 (S.I. 2002/1253) made on 3rd May 2002.
32nd Products of Animal Origin (Third Country Imports) (England) Regulations 2002

(S.I. 2002/1227)

53: unexpectedly limited exercise of the enabling power Committee's comments incorporated in succeeding instrument The defect reported on was rectified by regulation 2(5) of the Products of Animal Origin (Third Country Imports)(England) (Amendment) (No.4) Regulations 2002 (SI 2002/3206), made on 20th December 2002. Regulation 2(5) corrects the unexpectedly limited exercise of the enabling power identified in regulation 53 by the JCSI.
38th Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002

(S.I. 2002/1710)

2(1): defective drafting

22: defective drafting

47: defective drafting

Committee's comments incorporated in succeeding instrument Drafting defects addressed in the Access to the Countryside (Provisional and Conclusive Maps) (England) (Amendment) Regulations 2003, made on 9th January 2003 (SI 2003/32)
2002-03
4th Genetically Modified Organisms (Deliberate Release) Regulations 2002 (S.I. 2002/2443) 21(2): defective drafting Awaiting opportunity to amend We plan to amend at the earliest opportunity. [2002]

Preparations to amend these Regulations are being made. [2003]




 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2004
Prepared 17 March 2004