Total number of instruments outstanding: from:   1999:  1 (of which action on 1 remained outstanding on 1 April 2008)

  2000:  1 (of which action on 1 remained outstanding on 1 April 2008)

  2001:  1 (of which action on 1 remained outstanding on 1 April 2008)

  2002:  1 (of which action on 0 remained outstanding on 1 April 2008)

  2005:  4 (of which action on 3 remained outstanding on 1 April 2008)

  2006:  1 (of which action on 0 remained outstanding on 1 April 2008)

Normal print = no further action required. Bold print = action not completed by 1 April 2008. Bold Italic print = the Department and the Committee disagree over whether further action is required.

JCSI Report	Instrument title		Ground for reporting	Observation(s) in earlier Return(s) [year]	Observations
1999
1998-1999
8th	Education (School Premises) Regulations 1999 (S.I. 1999/2)		26(1): defective drafting	Awaiting opportunity to amend. [2000, 2001, 2002] No suitable opportunity to amend has arisen. [2003, 2004] Position unchanged. [2005] No suitable opportunity to amend has arisen. As there is no likelihood of the regulations being amended otherwise, we are looking at producing a free-standing amending set. [2006] Following the last return preparation of a free-standing amendment to correct the wrong minor cross-reference was commenced but the original regulations applied to England and Wales. Following the National Assembly of Wales (Transfer of Functions) Order (1999/672) the Secretary of State's power to make these regulations is now restricted to England only. The Department considers that regulations which correct the minor error only in relation to England would be more confusing than leaving the error (which does not affect the operation of the regulations). [2007]	The original regulations applied to England and Wales. Following the National Assembly of Wales (Transfer of Functions) Order (1999/672) the Secretary of State's power to make these regulations is now restricted to England only. The Department considers that regulations which correct the minor error only in relation to England would be more confusing than leaving the error (which does not affect the operation of the regulations). However the Department has now established a working group to review these regulations and they may therefore be amended this year
2000
1999-2000
31st	Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (England) Regulations 2000 (S.I. 2000/2121)		1(3); 2(2); 9(1); 9(2); 10(4); 11(2); 11: defective drafting	Awaiting opportunity to amend. [2001, 2002] No suitable opportunity to amend has arisen. [2003, 2004] Position unchanged. [2005] Awaiting opportunity to amend/act on comments and will try to do so within the return year. [2006] These Regulations now have effect as if made under sections 93 to 95 of the Education Act 2002, and it may be appropriate to replace them when further restructuring work is done on the National Curriculum. The next restructuring is due to take place between 2008 and 2010, although an opportunity may arise earlier. [2007]	We continue to await an appropriate opportunity to amend these regulations and will look at the position between 2008 and 2010 as previously indicated.
2001
2000-01
14th	Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001 (S.I. 2001/782)		4(2)(c) and 6(1)(iii): defective drafting	Awaiting opportunity for a possible amendment. [2002, 2003] No suitable opportunity to amend has arisen. [2004] Revoked by S.I. 2003/507. Committee queried approach between these two S.I.s. Department to look at this point when S.I. is next amended, but no immediate plans to amend at this time. [2005] Awaiting opportunity to amend/act on comments. Currently there are no changes needed to the Regulations other than the comment made by the JCSI but as soon as other amendments to the Regulations become necessary, the Department will make an amendment to address their point. [2006] The Department intends to replace these regulations with new regulations, as a consequence of changes to the enabling powers which are expected to be made by the Further Education and Training Bill, currently before Parliament. The new regulations, if made, will address the point made by the Joint Committee. [2007]	The Further Education and Training Act 2007 received Royal Assent on 23 October 2007, but the relevant sections (14 - 16) have yet to be commenced. When they are, the Department intends to replace these regulations with new regulations, which will address the point made by the Joint Committee.
2002
2001-02
25th	Education (QCA Levy) Regulations 2002 (S.I. 2002/435)		6: unnecessarily complex and obscure drafting	Awaiting opportunity to amend. No suitable opportunity to amend has arisen. [2003, 2004] These regulations are under consideration as to whether they should be retained. [2005] These regulations may be revoked in the near future.[2006] The Department does not plan to amend the Regulations purely to address the drafting of regulation 6, which is legally correct and meets policy requirements. However, should any amendments to the Regulations become necessary, we will examine the drafting of regulation 6 and consider whether it can be simplified. [2007]	These regulations were revoked by SI 2008/923, which was made on 25 March 2008.
2003; 2004 - NIL
2005
2005-06
6th	School Governance (Contracts) (England) Regulations 2005 (S.I. 2005/1508)		Unexpected use of enabling power	It is not thought sensible to amend at this time. [2006] The Regulations are operating satisfactorily but will be reviewed later this year. [2007]	The Regulations are operating satisfactorily but will be reviewed again later this year.
8th	Day Care and Child Minding (National Standards) (Amendment) (England) Regulations 2005 (S.I. 2005/2303)		Regulation 3: defective drafting	These regulations will be revoked as a result of the changes currently taking place in the Childcare Bill [2006] The Childcare Bill is now the Childcare Act 2006. The power under which the Regulations were made will cease to have effect in relation to England from September 2008. [2007]	The power under which these Regulations were made is to be repealed in relation to England on 1st September 2008. The Regulations will then fall away.
9th	Education (School Inspection) (England) Regulations 2005 (S.I. 2005/2038)		Defective drafting - requires elucidation	The Department refers to its memorandum, published in the 9th Report of the Committee for 2005-06. The Department re-iterates its memorandum at Appendix 1 of the Committee's 9th Report to the effect that the intention of Regulation 8 in conjunction with sections 14 and 16 of the Education Act 2005 are to enable a school to charge for a copy of a report (other than one supplied in accordance with its statutory obligation to provide a copy free of charge to registered parents) where it considers it reasonable, for example, multiple copies of the report. The regulations did not seek to prescribe cases as there may be situations where it is more burdensome administratively and financially on a school to make enquiries to determine whether a fee is payable than simply to supply a copy of the report free of charge. The Department respectfully submits that the situation is not analogous to those mentioned in regulations 5, 6, 7, 9 & 11 of the Committee's report as these all refer to prescribed periods of time. However, the Department accepts that the difficulty is caused by the wording of the enabling power in sections 14(4)(b) and 16(3)(b) which provides for the prescription of cases rather than the discretion of the appropriate authority in determining when a fee is payable. Accordingly the Department will amend regulation 8 so as to prescribe all cases in which it is anticipated a school will be able to make a charge when the next opportunity arises. [2006] The Department presently intends to make minor amending regulations on school inspections, to come into force on 1 September 2007, the date on which it is hoped to bring section 154 of the Education and Inspection Act 2006 into force. This will require inspection of a school's contribution to community cohesion, and will require amendment of the Education (Investigation of Parents' Complaints) (England) Regulations 2007 (S.I. 2007/1089). This will provide an opportunity to amend S.I. 2005/2038 to make this clearer. [2007]	The minor amending regulations the Department intended to make for 1 September 2007 have been put back to 1 September 2008 because of the delay in the commencement of section 154 of the Education and Inspections Act 2006. The proposed regulations will deal with both the matters relation to section 154 and the matter raised by the Committee as originally intended.
11th	Southwark London Borough Council (Prescribed Alteration) Order 2005 (S.I. 2005/2836)		Article 1(2): defective drafting	The Order will cease to have effect in November 2007, so the Department does not propose to amend the Order to rectify the defective drafting in article 1(2) (which does not affect the operation of the Order). [2006] This Order ceases to have effect in November 2007. [2007]	This Order ceased to have effect in November 2007.
2006
2005-06
37th	Education (Nutritional Standards for School Lunches) (England) Regulations 2006 (S.I. 2006/2381)		Regulation 6(1): requires elucidation	The Regulations are to be revoked and replaced by new ones this year. [2007]	The Regulations were revoked and replaced by the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 (S.I. 2007/2359)