Instruments reported
At the Committee's meeting on 11 July 2007, it
scrutinised a number of instruments and decided to draw the special
attention of both Houses to two of them in accordance
with its Standing Orders. The Instruments and the grounds for
reporting them are given below. Relevant Departmental memoranda
are published as appendices to this report.
1
S.I. 2007/1621: reported for defective
drafting
Animals and Animal Products (Import and Export)
(England) (Laboratories, Circuses and Avian Quarantine) Regulations
2007 (S.I. 2007/1621)
1.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
1.2 Regulation 12 substitutes a new regulation 35
in the Animals and Animal Products (Import and Export) (England)
Regulations 2006. The new regulation comprises a single paragraph.
In a memorandum printed at Appendix 1 the Department for Environment,
Food and Rural Affairs explains that the phrase "and subject
to paragraph (1)" should not have been included in that new
regulation. The Department apologises for the error and states
that it will correct it at the first available opportunity. The
Committee reports regulation 12 of these Regulations for defective
drafting, acknowledged by the Department.
2
S.I. 2007/1640: reported for defective
drafting
Biofuels and Other Fuel Substitutes (Payment
of Excise Duties etc) (Amendment) Regulations 2007 (S.I. 2007/1640)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in a number of connected respects.
2.2 Regulation 8(2) amends regulation 19 of the Biofuels
and Other Fuel Substitutes (Payment of Excise Duties etc) Regulations
2004 ("the 2004 Regulations") by replacing paragraph
(1) with new paragraphs (1) and (1A). New paragraph (1) provides
that the requirements in paragraph (1A) apply to a producer other
than a large producer. New paragraph (1A) requires a producer
to whom that paragraph applies to furnish returns and pay duty
quarterly. There are references in regulation 19(4) and (6)(a)
to paragraph (1) relevant to the requirements in question, but
those references have not been amended. In a memorandum printed
at Appendix 2 HM Revenue and Customs accepts that as a result
of the amendments made by regulation 8(2), those references should
have been updated to refer to paragraph (1A). The Committee
reports these Regulations for defective drafting in this respect,
acknowledged by the Department.
2.3 Regulation 9 inserts a new regulation 19A into
the 2004 Regulations. Regulation 19A(3) and (4) requires large
producers to furnish returns and pay duty monthly. Regulation
19A(5) applies paragraphs (2) to (8) of regulation 19 to large
producers, with one adjustment to the text of regulation 19(4).
In its memorandum the Department:
- acknowledges that the wording
of that adjustment does not fit;
- acknowledges that two other adjustments are needed
to references to paragraph (1) in regulation 19(4) and (6)(a)
so that those provisions make sense as applied to large producers;
- accepts that it was unnecessary to apply paragraphs
(7) and (8) of regulation 19 to large producers, given that the
wording of those two paragraphs is general enough to cover them
in any event.
The Department apologises and undertakes to prepare
amending Regulations at the earliest opportunity. The Committee
reports regulation 9 of these Regulations for defective drafting
in these respects, acknowledged by the Department.
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