Instruments reported
At the Committee's meeting on 17 January 2007,
it scrutinised a number of instruments and decided to draw the
special attention of both Houses to three 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
Draft S.I. : reported for defective
drafting
Draft Compensation (Exemptions) Order 2006
1.1 The Committee draws the special attention
of both Houses to this draft Order on the ground that it is defectively
drafted in two respects.
1.2 Article 10(4) of the draft Order provides that
an exemption of a trade union under that article is subject to
the union's compliance with the condition that it must, in providing
regulated claims management services, act in accordance with a
code of practice issued by the Secretary of State on 16th November
2006. The Committee asked whether this should be a reference to
the code of practice issued on 28th November 2006, which appears
as the Annex to the Department's memorandum laid with the draft
Order. In its memorandum printed at Appendix 1 the Department
accepts that the date specified in article 10(4) is incorrect,
and apologises.
1.3 Sub-paragraph (f) of article 12(2) is expressed
to be subject to paragraph (3), and the Committee asked what was
intended by the reference in that paragraph to 'Paragraph (2)(2)(e)'.
The Department accepts that this is a drafting error, and again
apologises.
1.4 The Department states in its memorandum that
it has arranged for the preparation of a correction slip to remedy
these errors, and that the slip will be issued free of charge
to all known purchasers of this draft. The Committee hopes that
Members' attention can be drawn at the outset of the debates to
the correction of these errors.
1.5 The Committee reports this draft Order for
defective drafting in these two respects.
2
S.I. 2006/2951: reported for defective
drafting
Transfer of Functions (Third Sector, Communities
and Equality) Order 2006 (S.I. 2006/2951)
2.1 The Committee draws the special attention
of both Houses of Parliament to this Order on the ground that
it is defectively drafted in one repeated respect.
2.2 Paragraphs 3 and 4 of the Schedule substitute
the expression "Minister" for "Secretary of State"
in specified provisions of the Charities Act 1992 (c.41) and of
the Charities Act 1993 (c.10). In response to the Committee's
question why the full title "Minister for the Cabinet Office"
had not been used, the Home Office, in a clearly reasoned memorandum
printed at Appendix 2, explains that, in consequence of definitions
already inserted by the Charities Act 2006 (c.50), the expression
carried the full title in all the specified provisions located
either within Part 2 of the 1992 Act or anywhere in the 1993 Act.
2.3 That left three provisions (those specified in
paragraph 3(d), (e) and (f) of the Schedule) located in subsequent
Parts of the 1992 Act. Here the Home Office accepts that the full
title should have been used and apologises for the error. Its
memorandum includes reasons why it nonetheless does not propose
to amend the Order. The reasons comprise an early planned repeal,
as set out in Schedule 9 (misprinted as 10 in the memorandum)
to the 2006 Act, of the specified provision of the 1992 Act that
had not yet been commenced, and the effect of that repeal on the
other two provisions. Assuming that plan is followed, those reasons
are acceptable to the Committee. The Committee reports paragraph
3(d), (e) and (f) of the Schedule for defective drafting, acknowledged
by the Department.
3
S.I. 2006/2967: reported for defective
drafting
Housing Benefit and Council Tax Benefit (Amendment)
(No. 2) Regulations 2006 (S.I. 2006/2967)
3.1 The Committee draws the special attention
of both Houses of Parliament to these Regulations on the ground
that they are defectively drafted in one repeated respect.
3.2 Regulation 2(3) inserts new wording in regulation
87 of the Housing Benefit Regulations 2006 after the expression
"designated office". But regulation 87 contains two
numbered paragraphs, both of which include the expression "designated
office", and it is not apparent from the context whether
the intention was to amend only the first paragraph or both of
them. A parallel point arises in respect of regulation 3(3), 4(3)
and 5(3) of these Regulations which amend equivalent provisions
in three other instruments.
3.3 In a memorandum printed at Appendix 3 the Department
for Work and Pensions explains that the amendment in paragraph
(3) of regulations 2 to 5 should have been confined to the first
paragraph of each of the regulations to be amended. The Department
apologises for the error and undertakes to correct the defect
at the earliest convenient opportunity. The Committee reports
regulations 2(3), 3(3), 4(3) and 5(3) for defective drafting,
acknowledged by the Department.
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