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.
2. A memorandum by the Lord Chancellor's Department in connection
with the Legal Advice and Assistance (Amendment) (No. 3) Regulations
1998 (S.I. 1998/2907) is printed in Appendix I to this Report.
1998 (S.I. 1998/2710) (AND
1998/2709, 271116, 272225, 272829 AND
3. The Committee draws the special attention of both Houses
to these Orders on the ground that they are defectively drafted.
The Committee asked the Department to explain why, given
that the Order relates to the establishment of an NHS Trust,
consultation carried out by the Secretary of State under the National
Health Service Trusts (Consultation on Dissolution) (Scotland)
Regulations 1993 is recited in the preamble to this Order. The
Committee raised the same question on several other similar orders.
In the memorandum printed in Appendix II the Scottish Office Department
of Health explain that the Secretary of State is empowered to
combine consultation on the establishment of new NHS trusts (under
the National Health Service Trusts (Consultation before Establishment)
(Scotland) Regulations 1991) with consultation on dissolution
under the 1993 Regulations. This is what was done for the Tayside
Order and the other establishment orders. This seems to the Committee
to miss the point that the only consultation required for the
power under consideration
to be exercised is consultation under the 1991 Regulations, and
so the reference in the recital to the 1993 Regulations is wrongly
included. The Committee reports the recital of powers to this
Order, and the other orders, as being defectively drafted.
1998 (S.I. 1998/2894)
4. The Committee draws the special attention of both Houses
to these Regulations on the ground that they are defectively drafted.
Regulation 2 extends regulation 18 of the 1979 Regulations
so as to bring into the requirement to compute beneficial interests
as earnings (a) shares in bodies corporate capable of being acquired
under option; and (b) vouchers capable of being exchanged for
such options, where those interests are readily convertible assets.
Excluded from this new requirement are interests in or in connection
with a body corporate (as defined in new regulation 18(2B)) where
that body is "a local authority within the meaning of section
842A of the Income and Corporation Taxes Act 1988 or a local authority
association within the meaning of section 519 of that Act".
The Committee asked the Department of Social Security whether
and how the excluded interests arise in the local authority sector.
The Department say in the memorandum printed in Appendix III that
there is no corporate body limited by shares which currently falls
within the definition of "local authority" or a "local
authority association" for the purposes of sections 842A
and 519 of the 1988 Act respectively, and therefore accept that
the reference to local authorities and local authority associations
is unnecessary. The Committee reports regulation 2 of the present
Regulations for defective drafting, acknowledged by the Department.
1998 (S.I. 1998/2857)
5. The Committee draws the special attention of both Houses
to these Regulations on the grounds that they are defectively
drafted in two places.
The Committee asked the Department of the Environment, Transport
and the Regions why regulation 3(2) applies, amongst others, itself
(application to non-United Kingdom ships) and regulation 1 (citation
and commencement) to non-United Kingdom ships when in United Kingdom
waters. They explain in the memorandum printed in Appendix IV
that the Merchant Shipping (Minimum Standards) Convention 1976
requires the United Kingdom to apply to a limited extent
minimum safety standards to non-United Kingdom ships in
relation to manual handling operations. The Committee's point,
however, is that it is an unnecessary and indeed subversive
duplication to include a separate proposition in article
3(2) making it (and regulation 1) apply when they already do so.
In this respect regulation 3(2) is defectively drafted, and the
Committee reports accordingly.
Regulation 13 refers to "a detention notice or order
under these Regulations". The Department admit, in response
to a question by the Committee, that the words in italics should
not have been included and undertake to remove them at the first
suitable opportunity. The Committee reports regulation 13 for
defective drafting, acknowledged by the Department.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back
The others are S.I. Nos. 1998/2709, 2711-16, 2722-25, 2728-29
and 2731-35. Back
Sections 12A(1) and (4) of and paragraphs 1, 3, 4, 5 and 6(2)(d)
of Schedule 7A to the National Health Service (Scotland) Act 1978. Back