Memorandum from the Department for Environment,
Food and Rural Affairs
2002 (S.I. 2002/458)
1. The Committee has requested a memorandum on the
Did the Department consult the Council on Tribunals
before making these Regulations? If so, why is this not referred
to in the preamble to the Instrument? (See Statutory Instrument
Practice, paragraph 2.27).
2. The Department did not consult the Council on
Tribunals ("the Council") before making the Dairy Produce
Quotas (General Provisions) Regulations 2002 ("the 2002 Regulations"),
and therefore did not refer to such consultation in the preamble
to the Instrument.
3. Section 8(1) of the Tribunals and Inquiries Act
1992 (1992 c.53) ("the 1992 Act") provides that "the
power of a Minister¼to
make, approve, confirm or concur in procedural rules for any tribunal
specified in Schedule 1 shall be exercisable only after consultation
with the Council". The Tribunals established by the 2002
Regulations are not specified in Schedule 1 to the 1992 Act.
4. There are references in Schedule 1 to the 1992
Act to the Dairy Produce Quota Tribunal for England and Wales
and the Dairy Produce Quota Tribunal for Scotland constituted
under regulation 35(1) of the Dairy Produce Quotas Regulations
1991 (S.I. 1991/2232). The Tribunals to which reference was
thereby made had continued in existence for certain limited purposes
by virtue of the Dairy Produce Quotas Regulations 1997 (S.I. 1997/733).
They cease to exist on 31 March by virtue of, in relation to England,
regulation 35 of, and Schedule 4 to, the Dairy Produce Quotas
Regulations 2002 (S.I. 2002/457), in relation to Wales, regulation
35 of, and Schedule 4 to, the Dairy Produce Quotas (Wales) Regulations
2002 (S.I. 2002/766 (W.83)), and, in relation to Scotland,
regulation 35 of the Dairy Produce Quotas (Scotland) Regulations
2002 (SS.I. 2002/110).
5. However, the Department appreciates that it is
desirable that the Council be consulted by Departments in cases
where tribunals are affected in circumstances not falling within
section 8 of the 1992 Act. Although in this case, the rules for
the new Tribunals are essentially the same as the rules for the
existing Tribunals which they replace, the Department on reflection
intends to invite the Council to consider the procedures set out
in the 2002 Regulations.
6. We will also consider with the Council, the Lord
Chancellor's Department and the devolved administrations whether
an amendment should be made to Schedule 1 to the 1992 Act to specify
the Tribunals established by the 2002 Regulations.
25th March 2002