Joint Committee on Statutory Instruments Thirteenth Report


THIRTEENTH 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.

TOBACCO ADVERTISING AND PROMOTION (SPONSORSHIP) TRANSITIONAL REGULATIONS 2003 (S.I. 2003/77)

2. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

3. These Regulations provide for certain transitional exemptions from the prohibition of sponsorship imposed by section 10 of the Tobacco Advertising and Promotion Act 2002.

4. Regulation 3(2) exempts until 31 July 2005 sponsorship agreements which were in existence before 11 July 2001 which relate to an "exceptional global event" ­ that is an event or activity that takes place in at least two continents and three sovereign states ­ provided that certain conditions are met. One such condition, in sub­paragraph (b)(ii), is that the total area of visible advertisements at any part of the event taking place within the UK is reduced each year by not less than 20% compared with the previous year. The Committee asked the Department of Health whether "visible advertisements" should have read "visible tobacco advertisements", "tobacco advertisement" being an expression defined in section 1 of the 2002 Act.

5. In a further memorandum printed at Appendix 1, the Department confirms that regulation 3(2)(b)(ii) is intended to apply to visible tobacco advertisements. Whilst it accepts that provision would have been clearer if the word "tobacco" had been included, it argues that, given the context, the reference to advertisements could really only be to tobacco advertisements.

6. The Committee agrees that it is logical to assume that the intention behind this provision is to require a phased reduction in tobacco advertising at such events. However, the wording of the provision is clear and leaves no room for ambiguity. An event will fulfil the condition in sub­paragraph (b)(ii) where, for example, 50% of the advertisements in 2002 were for tobacco products and in 2003 the total area of those advertisements remains unchanged but that of non­tobacco advertisements is reduced by 40%.

7. The Department states that it intends to amend the Regulations to clarify the matter when a suitable opportunity arises. In the Committee's view this should be done before 30 July when regulation 3(2)(b) begins to have effect. The Committee accordingly reports regulation 3(2)(b)(ii) for defective drafting, acknowledged by the Department.

WATER RESOURCES (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 2003 (S.I. 2003/164)

8. 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.

9. The Committee asked the Department for Environment, Food and Rural Affairs 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 at 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.


 
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