Joint Committee on Statutory Instruments Eighth Report


EIGHTH REPORT


FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.

1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

FINANCING OF MAINTAINED SCHOOLS (ENGLAND) (AMENDMENT NO. 3) REGULATIONS 2002 (S.I. 2002/2868)

2. The Committee draws the special attention of both Houses to these Regulations on the ground that they require the elucidation provided by the Department's memorandum.

3. The Committee asked the Department for Education and Skills to explain the significance of the asterisk in the formula set out in new regulation 17A(3), (4) and (5) (inserted by regulation 3(3)). In a memorandum printed in Appendix 1, the Department explains that the asterisk denotes a multiplication sign. It states that this denotation is an accepted mathematical convention and "is used extensively in statutory instruments". In a further memorandum (also printed in Appendix 1), the Department, in response to the Committee's question, has only been able to identify one statutory instrument made during the last two years which uses an asterisk to denote a multiplication sign. The memorandum also refers to two Special Grant Reports, although they are not statutory instruments, as providing evidence of general usage of asterisks to denote multiplication signs.

4. The Committee notes that, consistently with the usual practice in relation to statutory instruments, the principal Regulations (S.I. 2002/377), which the present Regulations amend, use multiplication signs (rather than asterisks) in the formulae set out in paragraphs 2 and 4 of Schedule 3. Given this, the Committee considers that the present Regulations require the elucidation that the asterisks in the formulae in new regulation 17A(3), (4) and (5) are meant to denote multiplication signs. The Committee reports accordingly.

STATE PENSION CREDIT (CONSEQUENTIAL, TRANSITIONAL AND MISCELLANEOUS PROVISIONS) REGULATIONS 2002 (S.I. 2002/3019)

5. The Committee draws the special attention of both Houses to these Regulations on the ground that in one respect they fail to comply with proper legislative practice.

6. The Committee asked the Department for Work and Pensions to explain why, contrary to the requirements of Statutory Instrument Practice (paragraphs 2.21 and 2.22), the Table of Arrangement was placed after (rather than before) the recital of powers. In a memorandum printed in Appendix 2, the Department acknowledges that the Table of Arrangement should have preceded the recital of powers. Accordingly in this respect the Committee reports this instrument on the ground that it fails to comply with proper legislative practice, as acknowledged by the Department.

FOREST REPRODUCTIVE MATERIAL (GREAT BRITAIN) REGULATIONS 2002 (S.I. 2002/3026)

7. The Committee draws the special attention of both Houses to these Regulations on the ground that in one respect they fail to comply with proper legislative practice.

8. The Committee asked the Department of Environment, Food and Rural Affairs to explain by the Table of Arrangement was included after the recital of powers and not before it (as required by paragraphs 2.21 and 2.22 of Statutory Instrument Practice). In a memorandum printed in Appendix 3, the Department acknowledges that the Table should have preceded the recital of powers. Accordingly, in this respect the Committee reports the instrument for failure to comply with proper legislative practice, as acknowledged by the Department.


 
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Prepared 3 February 2003