Fourth Report of Session 2021-22 Contents

Instruments reported

At the Committee’s meeting on 16 June 2021 it scrutinised a number of instruments. It was agreed that the special attention of the House of Commons should be drawn to one of those considered in accordance with Standing Orders. The instrument and the grounds for reporting it are given below. The relevant departmental memorandum is published as an appendix to this report.

1S.I. 2021/513: Reported for defective drafting

Recognised Auction Platforms and Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2021

1.1The Committee draws the special attention of this House to these Regulations on the ground that they are defectively drafted in one respect.

1.2These Regulations, which are subject to the negative resolution procedure, amend the Recognised Auction Platforms Regulations 2011 (2011/2699) and the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (2021/484). The substituted wording inserted by regulation 9 includes a definition for “EU emissions allowance”. As that term does not exist within the Regulations, the Committee asked HM Treasury to explain. In a memorandum printed as an Appendix, the Department accepts that the defined term should have been “EU allowance”. The Department adds that it is considering with the Statutory Instrument Registrar whether the error can be addressed by a correction slip: in accordance with the principles set out in its First Special Report of Session 2017–19 (Transparency and Accountability in Subordinate Legislation), the Committee is clear that errors of this kind in subordinate legislation should not be corrected by correction slip; if the Department does not think the error is sufficiently significant to be amended by further legislation, it should be left in its present form for readers to draw their own conclusions. The Committee accordingly reports regulation 9 for defective drafting, acknowledged by the Department.




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