Michaelmas implementation date
9. The Department indicates that, should the draft
Order be approved by both Houses, it will be made and come into
effect on the following day.[7]
While to do this would not be in accordance with Government's
recommended guidance that advice on the implementation of new
legislation should be made available to those affected at least
12 weeks before they would need to comply with it, the Department
points out that the Order, although technically in force, would
have little effect in practice until the next Quarter Day, when
agricultural tenancies are traditionally signed. This would be
either Michaelmas (which is 29 September) or Christmas Day, depending
on the timing of the Parliamentary approval process. As the largest
number of tenancies are signed at Michaelmas, the Department would
prefer to bring the Order into effect in advance of this date,
should the prior approval of the Order in Parliament make it possible.
The Department states that it will ensure that the agricultural
industry is properly informed about the coming into effect of
the Order and of its implications before the next Quarter Day.
It also considers that the substantial involvement of industry
representatives in the process of developing the legislation means
that the implications of the Order are already widely understood
by many of those affected by it.
10. We consider that no difficulty is likely to
arise from the bringing into effect of the Order with a "notice
period" to the agricultural community of less than 12 weeks,
provided full and effective efforts are made by the Department
to communicate its requirements to all those who need to be advised
about it.
Recommendation
11. In accordance with Standing
Order No. 141 (15) we recommend unanimously that the draft Order
be approved.
1 Sixth Report of the Regulatory Reform Committee,
Session 2005-06, Proposal for the Regulatory Reform (Agricultural
Tenancies) (England and Wales) Order 2006, HC (2005-06) 1309 Back
2
Copies of the draft Order and explanatory statement are available
to Members of Parliament from the Vote Office and to members of
the public from the Department. Back
3
"Dilapidations" means damage or disrepair to a rented
property for which the tenant of the property will usually be
liable. Back
4
Standing Order No.141(7) Back
5
Twenty First Report of the House of Lords Committee on Delegated
Powers and Regulatory Reform, Session 2005-06, HL (2005-06) 193 Back
6
These are identified and discussed in paragraphs 16-21 of the
explanatory statement.
@ 7 FOOTNOTE3@
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