Joint Committee on Statutory Instruments Seventeenth Report


SEVENTEENTH REPORT


APPENDIX 1

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.

STATUTORY PATERNITY PAY (ADOPTION) AND STATUTORY ADOPTION PAY (ADOPTION FROM OVERSEAS) REGULATIONS 2003 (S.I. 2003/500)

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

3. Regulation 11(1) states that a former employee shall be liable to make payments of statutory paternity pay to a former employee in any case where the employee has been employed for specified period and another condition applies. In a memorandum printed at Appendix 1, the Department of Trade and Industry acknowledges that the first reference to a former employee should have been a reference to a former employer. The Committee therefore reports regulation 11(1) for defective drafting, acknowledged by the Department.

ENVIRONMENTAL PROTECTION (CONTROLS ON HEXACHLOROETHANE) REGULATIONS 2003 (S.I. 2003/602)

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

5. Regulation 5(2) provides that a person guilty of an offence under the regulations is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a fine. In a memorandum printed at Appendix 2, the Department for Environment, Food and Rural Affairs accepts that the reference to level 5 on the standard scale should have been a reference to the statutory maximum, and undertakes to correct the error at the first convenient opportunity. The Committee therefore reports regulation 5(2) for defective drafting, acknowledged by the Department.

POLLUTION PREVENTION AND CONTROL REGULATIONS (NORTHERN IRELAND) 2003 (S.R. 2003/46)

6. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in two respects, one of which gives rise to doubt as to the vires of the provision in question.

7. Regulation 2(2) defines expressions used in the Regulations, except in so far as the context otherwise requires. "Prescribed" is defined as meaning prescribed by regulations. Although "prescribed" appears several times in the Regulations, in every case this is in the context of fees that may be prescribed by a scheme made under regulation 22. In a memorandum printed at Appendix 3, the Department of the Environment, Northern Ireland, acknowledges that the definition in regulation 2(2) is unnecessary, and undertakes to remedy the error at the first opportunity. The Committee therefore reports regulation 2(2) for defective drafting, acknowledged by the Department.

8. Regulation 27(7) states that the Department may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples. These Regulations are made under the Environment (Northern Ireland) Order 2002 (S.I. 2002/3153 (N.I. 7)), but that Order does not provide for such regulations themselves to confer power to make further regulations. The Committee therefore asked the Department to identify the power under which regulation 27(7) was made. The Department's memorandum simply refers to paragraph 14 of Schedule 1 to the Order, which expressly allows regulations made under that Order to confer powers on enforcing authorities with respect to monitoring and inspection. These Regulations could, therefore, have included provisions to be followed in connection with the taking of, and dealing with, samples, as could subsequent regulations made under the Order. The inclusion of regulation 27(7) is therefore unnecessary, as the power to make such regulations already exists. However, regulation 27(7) purports to confer a separate power to make regulations for which there is no authority in the enabling order. The Committee considers that its inclusion is defective and of doubtful vires. The Committee accordingly reports regulation 27(7) for defective drafting, giving rise to doubt as to whether it is intra vires.


 
previous page contents next page

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

© Parliamentary copyright 2003
Prepared 11 April 2003