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
2. A memorandum from the Department of the Environment,
Transport and the Regions in connection with the Highways Noise
Payments and Movable Homes (England) (Amendment) Regulations 2001
(S.I. 2001/1803) is printed in Appendix 1.
2001 (S.I. 2001/1701)
3. The Committee draws the special attention of
both Houses to these Regulations on the ground that they are defectively
drafted in two respects.
4. Regulation 19(2) prescribes the penalty for an
offence under paragraph "11(1) or (2)" of Schedule 13.
In a memorandum printed in Appendix 2, the Department of Trade
and Industry accept that the reference should have been to paragraph
11, since that provision does not contain sub-paragraphs so numbered.
They also acknowledge that the reference to "this regulation"
in paragraph 7(5) of Schedule 13 should have read "this paragraph".
The Department undertake to correct these errors at the earliest
5. Accordingly, the Committee reports regulation
19(2) and paragraph 7(5) of Schedule 13 as being defectively drafted.
2001 (S.I. 2001/1230)
6. The Committee draws the special attention of
both Houses to this Order on the ground that it is defectively
7. Article 6 specifies the functions of the Trust
between its establishment date and its operational date, and article
7 requires the North and East Devon Health Authority to discharge
certain liabilities of the Trust incurred between those dates.
Both provisions necessarily presuppose that the two dates are
different. However, the Order specifies 1 April 2001 as the establishment
date as well as the operational date. In a memorandum printed
in Appendix 3, the Department of Health state that articles 6
and 7 were included in error. They apologise for the error, but
take the view that no amendment is required. The Committee disagrees
with this view, and recommends that the Order should be amended
at the earliest opportunity. The reader ought not to be left in
doubt as to whether articles 6 and 7 have been included in error
or whether the operational date of the Trust is incorrect.
8. The Committee reports the instrument on the
ground that it is defectively drafted.
2001 (S.I. 2001/1742)
9. The Committee draws the special attention of
both Houses to these Regulations on the ground that they make
an unexpectedly limited use of the enabling power.
10. Regulation 3(1)(a) provides that a person is
disqualified for appointment as the chairman or as a non-officer
member of the Agency if he has within the preceding five years
been convicted in the United Kingdom, the Channel Islands or the
Isle of Man of any offence and has had passed on him a sentence
of imprisonment for a period of not less than three months without
the option of a fine. It was not clear to the Committee why the
scope of this provision had been limited to a conviction in the
British Islands, given that this restriction does not appear in
the corresponding provision in another recent instrument (The
General Social Care Council (Appointments and Procedure) Regulations
2001 (S.I. 2001/1744)) which is also made by the Secretary
of State for Health. Regulation 4(1)(a) of the latter instrument
refers to a conviction in the United Kingdom or elsewhere, and
regulation 4(2) specifies the cases in which a conviction by a
court outside the United Kingdom is to be disregarded for that
purpose. In a memorandum printed in Appendix 4, the Department
of Health explain that regulation 3(1)(a) of the National Patient
Safety Agency Regulations is based on precedents adopted over
many years in Regulations governing special health authorities
established under the National Health Act 1977, and undertake
to consider whether the restricted scope of that disqualification
provision is still appropriate. In the Committee's view, regulation
3(1)(a) produces the following anomalous result. A person convicted
of an offence in the British Islands and sentenced to, say, four
months' imprisonment is automatically disqualified for appointment
as the chairman or as a non-officer member for the specified period.
But he would not be automatically disqualified for appointment
if he was convicted of, say, a drug offence in the Republic of
Ireland and sentenced to a much longer period of imprisonment.
The Committee appreciates that, as indicated by the Department,
in the latter case the candidate may of course be declined an
appointment on the ground that he was unsuitable. However, the
anomaly lies in the fact that in the latter case, unlike the case
of a conviction in the British Islands, he would not be automatically
disqualified for appointment. It appears to the Committee that
Parliament would not have expected the power to be exercised so
as to produce such a result.
11. Accordingly, the Committee reports regulation
3(1)(a) on the ground that it makes an unexpectedly limited use
of the enabling power.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back