Instruments reported
At the Committee's meeting on 25 April 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
S.I. 2007/442: reported for defective
drafting
Royal Pharmaceutical Society of Great Britain
(Fitness to Practise and Disqualification etc. Rules) Order of
Council 2007 (S.I. 2007/442)
1.1 The Committee draws the special attention
of both Houses to this Order on the ground that the preamble to
the Order and the preamble to the Rules set out in the Schedule
are defectively drafted.
1.2 In a memorandum printed at Appendix 1 the Privy
Council Office acknowledges that the preambles to the Rules and
the covering Order should have included reference to consultation
having occurred in accordance with article 66(3) of the Pharmacists
and Pharmacy Technicians Order 2007 in relation to rules under
articles 61(4) and 62(7) of that Order. The Royal Pharmaceutical
Society of Great Britain (RPSGB) has confirmed that the required
consultation did take place. The RPSGB, which drafted the Rules,
and the Department of Health, which drafted the covering Order,
have apologised for their drafting errors. The Committee reports
the preambles for defective drafting, acknowledged as mentioned
above.
2
S.I. 2007/529: reported for defective
drafting
Cattle Identification Regulations 2007 (S.I. 2007/529)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
2.2 Regulation 3(1) and (3) imposes notification
requirements on occupiers of holdings in certain circumstances.
No sanction is provided for failure to comply with these requirements.
In a memorandum printed at Appendix 2 the Department for Environment,
Food and Rural Affairs acknowledges that an offence should have
been created, and states that it is amending the Regulations.
The Committee reports the Regulations for defective drafting
in this respect, acknowledged in effect by the Department. In
addition, the Committee commends the Department for the fact that
the correcting free instrument (S.I. 2007/1046) has now been
made and laid.
3
S.I. 2007/572: reported for defective
drafting
Rent Repayment Orders (Supplementary Provisions)
(England) Regulations 2007 (S.I. 2007/572)
3.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
3.2 Regulation 2(3)(b) defines the expression "overpayment
of housing benefit" for the purposes of regulation 2(1) and
(2). However, that expression does not appear in those provisions
at all, but merely in the heading to regulation 2. In a memorandum
printed at Appendix 3 the Department for Communities and Local
Government accepts that the definition is otiose; the Department
explains that the definition was needed in an earlier draft of
the Regulations but was not removed when the draft was revised.
The Department apologises for this oversight and points out that
the presence of the definition has no effect on the remaining
provisions. Should the Regulations require revision of a substantive
nature in the future, the Department will ensure that the definition
is deleted. The Committee reports regulation 2(3)(b) for defective
drafting, acknowledged by the Department.
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