Joint Committee on Statutory Instruments First Special Report


Appendix 3b

Department of Health and Departments for Social Security and Work and Pensions:
instruments reported, 2000-2002

Total number of instruments reported:  2000:  24 (of which action on 0 remains outstanding)

            2001:  15 (of which action on 3 remains outstanding)

            2002 :  32 (of which action on 9 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Type and date of response Observations
2000
1999-2000
7th Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108) (a) 4(6)(e): Defective drafting

(b) new regulation 4(A)(6) and 6(6): Defective drafting

(c) 6(1): Defective drafting

(d) new regulations 72B(1) (inserted by regulation 9) and 62B(1) and (2)(c) to (e) (inserted by regulation 11) - the recital of powers: Defective drafting

(e) new regulations 72B(10) (inserted by regulation 9) and 62B(10)(a) (inserted by regulation 11): Defective drafting

(a) No action necessary

(b) No action necessary

(c) No action necessary

(d) No action necessary




(e) No action necessary

(a) Amended (14 August 2000): Social Security (Work-Focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926) Schedule 2, paragraph 4

(b) Amended (3 April 2000): Social Security (Work-Focused Interview) Regulations 2000 (S.I. 2000/897), Regulation 17(1)

(c) Amended (3 April 2000): Social Security (Work-Focused Interview) Regulations 2000 (S.I. 2000/897), Regulation 17(2)

(d) Department has acknowledged

(e) Amended (3 April 2000) Social Security (Work-Focused Interview) Regulations 2000 (S.I. 2000/897), Schedule 4, Part 1, paragraph 6 and Part 2, paragraph 6

7th Good Laboratory Practice Regulations 1999

(S.I. 1999/3106)

(a) 2(1) and 5(4): Defective drafting

(b) 10(2): Unusually wide use of the power

(a) No action necessary

(b) No action necessary

(a) Department has acknowledged. [2000]

When the instrument is next amended or succeeded, the JCSI's comments will be incorporated. [2001]

10th Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (S.I. 2000/89) 1 and 12: Require elucidation No action necessaryDepartment has acknowledged
10th National Health Service (Pharmaceutical Services) Amendment Regulations 2000 (S.I. 2000/121) Require elucidationNo action necessary Department has acknowledged
10th National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2000

(S.I. 2000/122)

Require elucidationNo action necessary Department has acknowledged
10th Health Service Medicines (Price Control Appeals) Regulations (S.I. 2000/124) (a) 16(3) Unexpected use of the power

(b) 14 and 29(2)(b) Defective drafting

(c) 27(4) Defective drafting

(d) 30(4) Defective drafting

(e) 31(1) Requires elucidation

(a) No action necessary

(b) Awaiting opportunity to amend

(c) Awaiting opportunity to amend

(d) Awaiting opportunity to amend

(e) No action necessary

(a): Department has acknowledged [2000]

(b) (c) and (d): The Department is still awaiting a suitable opportunity to amend [2000]

The Health Service Medicines (Price Control Appeals) Amendment Regulations 2000 (S.I. 2000/870) took into account the JCSI's comments, other than those where the Department considered that no action was necessary. [2001]

(e) Department has acknowledged

10th Adoption (Intercountry Aspects) Act 1999 (Commencement No. 1) Order 2000 (S.I. 2000/52) Preamble: Requires elucidation No action necessaryConsultation had taken place. Point noted for the future
19th Income Related Benefits and Jobseeker's Allowance (Amendment) Regulations 2000 (S.I. 2000/979) Failure to include the necessary footnotes Other Correction to be made in the annual volume [2000]

The Department has noted the Committee's comments. [2001]

22nd In Vitro Diagnostic Medical Devices Regulations 2000

(S.I. 2000/1315)

19(1)(c): Defective drafting No action necessary Department has acknowledged [2000]

Repealed on 13th June 2002. The JCSI's comments were incorporated in the succeeding instrument, the Medical Devices Regulations 2002 (S.I. 2002/618). [2001]

30th Social Security (Work-Focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (S.I. 2000/1926) (a) 2(1)(b): Requires elucidation

(b) 5(1): Defective drafting

(a) Other

(b) Other

(a) Department has undertaken to consider revising the drafting [2000, 2001]; the Department has noted the Committee's comments. [2002]

(b) Amended (23 April 2001): Social Security (Claims and Information and Work-Focused Interviews for Lone Parents) Amendment Regulations 2001 (S.I. 2001/1189), Regulation 3 [2000]

31st Torbay Primary Care Trust (Establishment) Order 2000

(S.I. 2000/2154) and nine similar orders (S.I. 2000/2155, 2156, 2157, 2158, 2338, 2339, 2392, 2547, 2689)

Article 1(2): Defective drafting No action necessary Department has undertaken to prevent any repetition of the error in future such Orders
33rd Harlow Primary Care Trust (Establishment) Order 2000

(S.I. 2000/2820)

Article 1(2): Defective drafting No action necessary Department has undertaken to prevent any repetition of the error in future such Orders
33rd Adoption (Intercountry Aspects) Act 1999 (Commencement No. 3) Order 2000 (S.I. 2000/2821) Article 2: Defective drafting No action necessary Department has acknowledged
33rd Protection of Children Act Tribunal Regulations 2000 (S.I. 2000/2619) (a): 1(2): Defective drafting, contains unjustified referential legislation, and is not drafted in accordance with proper legislative practice

(b): 8(4)(b): Defective drafting

(c): 30(2)(a): Defective drafting

(a): No action necessary [2000]



(b) and (c): Awaiting opportunity to amend [2000]

(a) (b) and (c): We are still awaiting a suitable opportunity to amend these Regulations [2000]

These Regulations have been superseded by the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816) [2001]

The Protection of Children Act Tribunal Regulations 2000 (S.I. 2000/2619) were revoked and replaced by the Protection of Children and Vulnerable Adults and Care Standards Act Tribunal Regulations 2002 (S.I. 2002/816). The relevant provision in regulation 8 is now paragraph 7(4) of Schedule 4 to the 2002 Regulations. Regulation 30(2)(a) has been replaced by regulation 25(2)(a) of the 2002 Regulations. [2002]

2000-01
1st Social Fund Winter Fuel Payment (Amendment) Regulations 2000

(S.I. 2000/2864)

(a): 2(a)(ii)(bb): Defective drafting

(b): 2(a)(iii): Unnecessarily referential drafting

(a): Awaiting opportunity to amend [2000]

(b): No action necessary [2000]

(a) Amendment to be considered at the next opportunity [2000]

(a) and (b): Both matters have been amended in the Social Fund Winter Fuel Payment (Amendment) Regulations 2001 (S.I. 2001/3375), made on 10 October, which came into force on 2 November 2001. [2001]

2001
2000-01
5th Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 (S.I. 2000/3198) 11: Unexpected use of powers No action necessary (23.01.01)
14th National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2001 (S.I. 2001/414) Failure to comply with proper legislative practice No action necessary Department has acknowledged
15th National Heath Service (Charges for Drugs and Appliances) Amendment Regulations 2001

(S.I. 2001/746)

7(3): Defective drafting

Explanatory Note: Defective drafting

Awaiting opportunity to amend (11.04.01) Amendments anticipated to come into force 1 October 2002 [2001]

Awaiting opportunity to amend. [2002]

16th Stakeholder Pension Schemes (Amendment) (No. 2) Regulations 2001 (S.I. 2001/934) 7(7)(a): Defective drafting

7(8): Defective drafting

7(9) and (10): Defective drafting

Other

Other

Other (01.07.02)

The Department offered an explanation for the drafting in its memorandum but has now accepted the JCSI's comments. Further amending regulations are in preparation which will rectify the errors identified.
2001-02
3rd Housing Benefit (General) (No. 3) Regulations 2001 (S.I. 2001/1324) 2(2): Defective drafting Amending instrument made (27.06.01) Social Security Amendment (Discretionary Housing Payments) Regulations 2001 (S.I. 2001/2333)
3rd Rent Officers (Housing Benefit Functions) Amendment Order 2001 (S.I. 2001/1325) 3(2): Defective drafting Amending instrument made (26.06.01) Rent Officers (Housing Benefit Functions) (Amendment) (No. 2) Order 2001 (S.I. 2001/2317)
3rd Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2001 (S.I. 2001/1326) 3(2): Defective drafting Amending instrument made (26.06.01) Rent Officers (Housing Benefit Functions) (Scotland) (Amendment) (No. 2) Order 2001 (S.I. 2001/2318)
6th National Patient Safety Regulations 2001

(S.I. 2001/1742)

3(1)(a): Unexpectedly limited use of the enabling power No action necessary (25.07.01)
6th North and East Devon Partnership National Health Service Trust (Establishment) Order 2001 (S.I. 2001/1230) 6 and 7: Defective drafting No action necessary (27.07.01)
8th Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2001

(S.I. 2001/2676)

3: Defective drafting Committee's comments incorporated in succeeding instrument (made 19.11.01) Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 2001 (S.I. 2001/3721)
8th Central Council for Education and Training in Social Work (Transfer Scheme) Order 2001

(S.I. 2001/2561)

5: Defective drafting No action necessary (01.07.02) The defect concerned was the failure to provide clarification of the meaning of "relevant change".
9th Social Security (Jobcentre Plus Interviews) Regulations 2001

(S.I. 2001/3210)

6(4): Defective drafting

The Regulations: Defective drafting

Other (01.07.02) Amending regulations are being prepared [2002]

Regulation 6 was revoked by the Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703) with effect from 30 September 2002. [2003]

10th Children (Leaving Care) Social Security Benefits Regulations 2001

(S.I. 2001/3074)

1(2): Defective drafting Awaiting opportunity to amend (01.07.02)

10th Foster Placement (Children) and Adoption Agencies Amendment (England) Regulations 2001

(S.I. 2001/2992)

The Regulations: Defective drafting Awaiting opportunity to amend (08.11.01) These Regulations were superseded by the Fostering Services Regulations 2002 (S.I. 2002/57) [2001]

The Committee considered that the Regulations omitted a consequential amendment to paragraph 9 of Schedule 1 to the Foster Placement (Children) and Regulations 1991. Those regulations were revoked by the Fostering Services Regulations 2002 (SI 2002/57). The relevant provision was replaced by paragraph 13 of Schedule 3 to the 2002 Regulations. [2002]

11th Social Security (Notification of Change of Circumstances) Regulations 2001 (S.I. 2001/3252) The Regulations: Unjustified breach of the 21 day rule No action necessary (15.11.01)
2002
2001-02
15th National Health Service (General Ophthalmic Services) Amendment (No. 2) Regulations 2001 (S.I. 2001/3739); National Health Service (General Medical Services Supplementary List) Regulations 2001

(S.I. 2001/3740); National Health Service (General Dental Services) Amendment (No. 6) Regulations 2001

(S.I. 2001/3741); National Health Service (General Medical Services) Amendment (No. 4) Regulations 2001

(S.I. 2001/3742)

Defective drafting - standard of drafting below that which may reasonably be expected Awaiting opportunity to amend The Department has not yet implemented all the provisions relating to lists introduced by the 1997 and 2001 Acts. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to medical, dental and ophthalmic practitioners and in the course of making necessary consequential amendments to these Regulations will address the outstanding points.
16th Care Homes Regulations 2001 (S.I. 2001/3965)

Private and Voluntary Health Care (England) Regulations 2001 (S.I. 2001/3968)

National Care Standards Commission (Registration) Regulations 2001

(S.I. 2001/3969)

43: Defective drafting

51: Defective drafting


11: Defective drafting

Amending instrument made on 27 March 2002 (S.I. 2002/865) in respect of each provision The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002, regulations 3(3)(amending S.I. 2001/3965); 11(2) (amending S.I. 2001/3968); 9(3) (amending S.I. 2001/3969).
17th Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852) 3(1) of the Schedule to the Order: Defective drafting Awaiting opportunity to amend The Department regrets that the amendment has not yet been made but this will be done at the next opportunity.
18th Children's Homes Regulations 2001 (S.I. 2001/3967) 17(5): Defective drafting

41: Defective drafting

Amending instrument made on 27 March 2002 (S.I. 2002/865). Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002, regulation 5(2) and (3).
19th Fostering Services Regulations 2002 (S.I. 2002/57) (a) 2(1): Defective drafting

(b) 39(3): Defective drafting

(c) 48: Defective drafting

(d) 48(4): Defective drafting

(a), (b): No action necessary

(c), (d): Amending instrument made on 27 March 2002 (S.I. 2002/865).

Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002, regulation 7(6)(a) to (c).
24th Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2002 (S.I. 2002/79) 3: Requires elucidation No action necessary (transitional period expired) The Department has noted the Committee's comments
27th National Health Service (General Dental Services) Amendment Regulations 2002 (S.I. 2002/558) 5: Defective drafting Awaiting opportunity to amend The Department has not yet implemented all the provisions relating to lists introduced by the 1997 Act. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to dental practitioners and in the course of making necessary consequential amendments to the NHS (General Dental Services) Regulations will address the outstanding points.
27th National Health Service Pension Scheme (Amendment) Regulations 2002 (S.I. 2002/561) 1(1): Defective drafting

Explanatory Note incomplete

No action necessary

Other

The Department intends to amplify the Explanatory Note in the Annual Volume for 2002.
30th National Health Service (General Ophthalmic Services) Amendment Regulations 2002 (S.I. 2002/601) 4(a), (b) and (d): Defective drafting Awaiting opportunity to amend The Department has not yet implemented all the provisions relating to lists introduced by the 2001 Act. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to ophthalmic practitioners and in the course of making necessary consequential amendments to the NHS (General Ophthalmic Services) Regulations will address the outstanding points.
32nd National Care Standards Commission (Children's Rights Director) Regulations 2002

(S.I. 2002/1250)

3(2): Defective drafting No action necessary
33rd General Medical Council (Voluntary Erasure and Restoration) Regulations Order of Council 2000 (S.I. 2000/2033) and five similar orders (S.I.s 2000/2034, 2051, 2052, 2053, 2054) Unjustifiable delay in laying before Parliament No action necessary No further action to be taken
33rd National Health Service (Compensation for Premature Retirement) Regulations 2002

(S.I. 2002/1311)

5 and 6: Drafting unnecessarily obscure No action necessary
34th Southern Derbyshire Mental National Health Service Trust Change of Name and (Establishment) Amendment Order and the Community Health Care Service (North Derbyshire) National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/1296) 1(2): Defective drafting (in two places) No action necessary
34th South West Yorkshire Mental National Health Service Trust Change of Name and (Establishment) and the Wakefield and Pontefract Community National Health Service Trust (Dissolution) Order 2002 (S.I. 2002/1313) and six similar orders
(S.I.s 2002/1322, 1324, 1337, 1341, 1362, 1364)
1(2): Defective drafting No action necessary
36th Medical Devices Regulations 2002

(S.I. 2002/618)

2(1), 5(1) and (2), 20(1) and (2), 32(1) and (2), 52(1) and 59: Defective drafting

20(2): Defective drafting

Awaiting opportunity to amend

Awaiting opportunity to amend

The errors will be amended in an S.I. which is to be laid shortly, and come into force on 1 October 2003
2002-2003
5th Dangerous Substances and Explosive Atmospheres Regulations 2002

(S.I. 2002/2776)

Schedule 5: Defective drafting Awaiting opportunity to amend Amending instrument is expected to be made in autumn 2003


 
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