Instruments reported
At the Committee's meeting on 5 December 2007,
it scrutinised a number of instruments and decided to draw the
special attention of both Houses to four 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. 2006/3248, S.I. 2006/3338 and
S.I.2007/286: reported for an unjustifiable delay in supplying
copies
Scotland Act 1998 (Agency Arrangements) (Specification)
(No. 2) Order 2006 (S.I. 2006/3248)
Scotland Act 1998 (Agency Arrangements) (Specification)
(No. 3) Order 2006 (S.I. 2006/3338)
Scotland Act 1998 (Agency Arrangements) (Specification)
Order 2007 (S.I. 2007/286)
1.1 The Committee draws the special attention
of both Houses to these Orders on the ground that there has been
an unjustifiable delay in supplying copies of them to the Committee.
1.2 These Orders, which are Orders in Council, were
made on 14 December 2006, 14 December 2006 and 7 February 2007
respectively. The respective dates of laying before Parliament
were 8 January 2007, 22 December 2006 and 14 February 2007. According
to paragraph 9 of Table 10 in Part 7 of Statutory Instrument
Practice, it is the responsibility of the Department (rather
than the Privy Council Office) to provide copies of an Order in
Council to the Committee.
1.3 The Committee's staff noticed that copies of
these Orders should have, but had not, been supplied to the Committee
and asked the Scotland Office to provide copies The Scotland Office
were asked in June, July and October this year for copies of these
Orders, but it was not until late October that copies were in
fact received.
1.4 In a memorandum printed at Appendix 1, the Scotland
Office apologises for the initial failure to provide copies and
for the subsequent failure to react properly to the Committee's
reminders. It says that all elements of the procedures covering
printing and delivery of Orders in Council have been checked and
tightened up across the Scotland Office, Scottish Executive and
Privy Council Office to ensure that this does not and will not
happen again.
1.5 The Committee accordingly reports these Orders
on the ground that there has been an unjustifiable delay in supplying
copies of them to the Committee.
2
S.I. 2007/3133: reported for failure
to comply with Statutory Instrument Practice
Plant Health (England) (Amendment) (No. 3)
Order 2007 (S.I. 2007/3133)
2.1 The Committee draws the special attention
of both Houses to this Order on the ground that it fails to comply
with Statutory Instrument Practice.
2.2 In a memorandum printed at Appendix 2, the Department
For Environment, Food and Rural Affairs acknowledges that this
Order, since it corrects an error in an earlier instrument, should
have been made available free of charge to all known recipients
of the earlier instrument, and should have borne an italic headnote
to that effect, in accordance with paragraphs 3.4.11 and 3.4.14
of Statutory Instrument Practice. The Department has made
arrangements to rectify the position. The Committee accordingly
reports this Order for a failure to comply with Statutory Instrument
Practice, acknowledged by the Department.
| 
