Joint Committee on Statutory Instruments First Special Report


Appendix 11b

Lord Chancellor's Department: instruments reported, 2000-2002

Total number of instruments reported:   2000:  8 (of which action on 0 remains outstanding)

            2001:  13 (of which action on 3 remains outstanding)

            2002:  0
JCSI Report Instrument title Regulation No. and ground for reporting Type and date of response Observations
2000
1999-2000
7th Crown Court (Amendment No.2) Rules (Northern Ireland) 1999 (S.R. 1999/491) Form 11 of the Rules, defectively drafted Amending instrument issued

LCD memorandum 12th January 2000

The defect in form 11 was corrected by the Crown Court (Amendment) Rules (Northern Ireland) 2000 (S.R 2000 No.227)
9th Family Proceedings (Amendment No.2) Rules 1999 (S.I. 1999/3491) Unjustifiable delay in laying the Rules before Parliament No action necessary

LCD memorandum 28th January 2000

The Department has apologised for the delay
15th Community Legal Service (Financial) Regulations 2000 (S.I. 2000/516) Regulation 13 defectively drafted Amending instrument issued

LCD memorandum 17th March 2000

The Department overlooked the opportunity to correct the defect in the Community Legal Service (Financial)(Amendment) Regulations 2001 (S.I 2001/950), for which it apologises. Another amending instrument, containing the relevant amendment, is expected to come into force later in 2001. [2000]

Corrected by the Community Legal Service (Financial) (Amendment No.2) Regulations 2001 (S.I. 2001/2997). [2002]

18th Access to Justice Act 1999 (Transitional Provisions) Order 2000 (S.I. 2000/900) Order requires the elucidation provided No action necessary

LCD memorandum 17th April 2000

32nd Family Proceedings (Amendment) Rules 2000 (S.I. 2000/2267) (a) Rule 2(3) defectively drafted

(b) Rule 9 defectively drafted

(c) Rule 10 defectively

drafted

(a) No action necessary

(b) No action necessary

(c) Committee's comments incorporated in succeeding instrument (commenced 1 April 2001)

LCD memorandum 14th November 2000

The defect in rule 10 was corrected by the Family Proceedings (Amendment) Rules 2001 (S.I 2001/821).
2000-01
1st Immigration and Asylum Appeals (Procedure) Rules 2000 (S.I. 2000/2333) (a)  Rule 5(2) requires

Elucidation

(b) Rules 7(2) & 12(5)

defectively drafted

(c) Rule 22(4)

defectively drafted

(d) Rule 33(1) defectively drafted

(a) No action necessary

(b), (c) and (d) Awaiting opportunity to amend

LCD Memorandum 14th & 28th November 2000

Work is in progress on amending rules which will, inter alia, correct the defects. [2000]

The instrument was corrected by the Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001 (S.I 2001/4014(L.31)) [2001]

1st Immigration Services Tribunal Rules 2000 (S.I. 2000/2739) Rule 21 defectively drafted Awaiting opportunity to amend

LCD memorandum 21st November 2000 [2000]

LCD have consulted on amending rules including amendments on this point and expect the rules to be made before the summer recess. [2001]

Corrected by S.I. 2002/1716. [2002]
2nd Judicial Pensions (Specification of Alternative Scheme) Regulations 2000 (S.I. 2000/2984) Regulation 3(2) defectively drafted Other

LCD memorandum 4th December 2000

Given the nature of the error, the Department will request that it be corrected in the bound volumes of published statutory instruments.
2001
2000-01
4th Transport Tribunal Rules 2000 (S.I. 2000/3226) (a) defectively drafted as to rr 13(1) and 15(1)(d)

(b) not complied with S.I Practice

(c) EN insufficiently informative

LCD memorandum 11th January 2001: undertook to amend
5th Criminal Appeal (Amendment) (Northern Ireland) Rules 2000

(S.R. 2000/387)

Defectively drafted LCD memorandum January 2001: undertook to amend Amended by Criminal Appeal (Amendment) (Northern Ireland) Rules (S.R. 2001/250) [2003]
6th Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000 (S.I. 2000/3374) Defectively drafted LCD memorandum 24th January 2001: undertook to amend. Title of amending instrument: Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) (Amendment) Regulations 2001 (S.I. 2001/699) (made 05.03.2001) [2003]
14th Court of Protection Rules 2001 (S.I. 2001/824) Unexpectedly limited use of the enabling power LCD memorandum 2nd April 2001. LCD undertook to consider whether, when the Rules are next amended, a specific time limit should be introduced
15th Inner London Court Staff Pensions Order 2001

(S.I. 2001/733)

Defectively drafted Amending instrument issued: LCD memorandum 6th April 2001 Corrected by Inner London Court Staff Pensions (Amendment) Order 2001 (S.I. 2001/1425) [2003]
15th Criminal Defence Service (Funding) Order 2001

(S.I 2001/855)

Sch 1, para 12 and Sch 2 Pt 2 para 1: defectively drafted Corrected (partly) by the Criminal Defence Service (Funding) (Amendment No.3) Order 2001 (S.I 2001/3341). The remainder of the defects will be remedied when the principal Order is next amended. [2002] Unfortunately the opportunity to remedy the defect to Schedule to was overlooked when the principal Order was amended by S.I. 2003/642, but this will be done when the Order is next amended. The Department apologises for this oversight. [2002]
16th Court of Protection (Enduring Powers of Attorney) Rules 2001

(S.I. 2001/825)

(a) Requires elucidation

(b) Defectively drafted

(c) Unexpectedly limited use of the enabling power

LCD memorandum 2 April 2002.

(a) No action necessary.

(b) and (c) LCD undertook to consider whether, when the Rules are next amended, to amend in relation to these points.

2001-02
2nd Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001

(S.I. 2001/1077)

Defectively drafted No action necessary.

LCD memorandum 3rd May 2002.

7th Road User Charging (Enforcement and Adjudication) (London) Regulations 2001
(S.I. 2001/2313)
(a) 12(3)(d), 17 and 18 to 20: defective drafting

(b) 13(1): defective drafting

The Regulations that will amend this instrument were sent out for consultation between 28th June to 9th August 2002. The responses to the consultation are currently being considered. [2002] (a) Corrected as to regulation 12(3)(d) by S.I 2003/108. The points relating to regulations 17 and 18 were addressed by amendments to the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (S.I. 2001/2285) made by S.I. 2003/109; (b) Corrected as to regulation 12(3)(d) by S.I 2003/108. [2002]
9th Licensed Conveyancers' Discipline and Appeals Committee (Procedure) Rules Approval Order 2001

(S.I. 2001/2797)

Defectively drafted No action necessary.

LCD memorandum 5th November 2001.

10th Financial Services and Markets Tribunal Rules 2001

(S.I. 2001/2476)

Defectively drafted No action necessary.

LCD memorandum 22nd October 2001

10th Railway Administration Order Rules 2001 (S.I. 2001/3352) EN is incomplete LCD memorandum 8th October 2001: LCD accepted that the EN should have been clearer. No action necessary.
12th Litigants in Person (Costs and Expenses) (Magistrates' Courts) Order 2001 (S.I. 2001/3438) Defectively drafted No action necessary.

LCD memorandum 26th November 2001.

17th Legal Aid in Criminal Proceedings (Costs) (Amendment No. 2) Rules (Northern Ireland) 2001

(S.R. 2001/426)

Unjustified breach of 21

day rule

Department has apologised No action necessary
2002 - NIL



 
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