1. The Committee has considered
the instruments set out in the Annex to this Report and has determined
that the special attention of both Houses does not require to
be drawn to any of them.
2. A memorandum by the Home Office
in connection with the Misuse of Drugs (Amendment) Regulations
1999 (S.I. 1999/1404) is printed in Appendix I to this Report.
1999 (S.I. 1999/1403)
3. The Committee draws the special
attention of both Houses to these Regulations on the ground that
the Explanatory Note to them is defectively drafted.
4. These Regulations amend the
Misuse of Drugs (Safe Custody) Regulations 1973, but the Explanatory
Note states that the products referred to in the present Regulations
are exempt from certain provisions of "the 1985 Regulations".
The Committee asked the Home Office why this statement was included
in the Explanatory Note, given that no such Regulations are amended
by this statutory instrument. The Department accept in the memorandum
printed in Appendix II that the statement should not have been
included, and the Committee therefore reports the Explanatory
Note to the Regulations for defective drafting, acknowledged by
1999 (S.I. 1999/1454)
5. The Committee draws the special
attention of both Houses to this Order on the ground that there
was an unjustifiable delay in laying it before Parliament.
6. Statutory instruments should
be laid before Parliament at least 21 days before they are to
come into force, but this instrument was laid before Parliament
on 21 May and came into force on 1 June. In the two memoranda
printed in Appendix III the Lord Chancellor's Department explain
that the delay in laying the Order was due to a breakdown of communications
between that Department and the Department of Social Security,
which actually drafted the Order. The Committee reports the Order
on the ground that there was an unjustifiable delay in laying
the Order before Parliament.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back