Joint Committee on Statutory Instruments Twenty-Second Report


Instruments to which the Committee does not draw the special attention of both Houses.

Written evidence submitted to the Committee in connection with the instruments marked † is not printed.

Draft Instruments requiring affirmative approval

†  Social Security Administration Act 1992 (Amendment) Order 2002

Electricity and Gas (Determination of Turnover for Penalties) Order 2002

†  Limited Liability Partnerships (No. 2) Regulations 2002

†  Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002

†  Limited Liability Partnerships (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002

Instruments requiring affirmative approval

†  Companies (Competent Authority) (Fees) Regulations 2002 (S.I. 2002/502)

†  Limited Liability Partnerships (Competent Authority) (Fees) Regulations 2002 (S.I. 2002/503)

Instruments subject to annulment

†  European Communities (Designation) Order 2002 (S.I. 2002/248)

Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 2002 (S.I. 2002/255)

Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 2002 (S.I. 2002/256)

Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) Order 2002 (S.I. 2002/257)

†  Summer Time Order 2002 (S.I. 2002/262)

Air Navigation (Amendment) Order 2002 (S.I. 2002/264)

Northern Ireland Act 1998 (Modification) Order 2002 (S.I. 2002/265)

†  Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2002 (S.I. 2002/267)

Marketing Authorisations for Veterinary Medicinal Products (Amendment) Regulations 2002 (S.I. 2002/269)

Hill Farm Allowance Regulations 2002 (S.I. 2002/271)

Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2002 (S.I. 2002/272)

Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2002 (S.I. 2002/275)

Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (District of South Lakeland) Order 2002 (S.I. 2002/276)

Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 (S.I. 2002/282)

Rail Vehicle Accessibility (East Hayling Light Railway Vehicles) Exemption Order 2002 (S.I. 2002/285)

Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 (S.I. 2002/295)

Treatment of Spruce Bark (Amendment) Order 2002 (S.I. 2002/296)

Local Government (Best Value) Performance Plans and Reviews Amendment and Specified Dates Order 2002 (S.I. 2002/305)

Social Security (Contributions) (Amendment No. 2) Regulations 2002 (S.I. 2002/307)

Travel Restriction Order (Prescribed Removal Powers) Order 2002 (S.I. 2002/313)

Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) (Revocation) Regulations 2002 (S.I. 2002/316)

Electronic Signatures Regulations 2002 (S.I. 2002/318)

Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2002 (S.I. 2002/338)

National Ports Council Pension Scheme (Excess Statutory Surplus) Order 2002 (S.I. 2002/346)

Social Security (Claims and Payments) Amendment Regulations 2002 (S.I. 2002/355)

Financing of Maintained Schools (England) Regulations 2002 (S.I. 2002/377)

School Budget Shares (Prescribed Purposes) (England) Regulations 2002 (S.I. 2002/378)

Sweeteners in Food (Amendment) (England) Regulations 2002 (S.I. 2002/379)

Public Telecommunication System Designation (Telekom Malaysia (UK) Limited) Order 2002 (S.I. 2002/399)

Public Telecommunication System Designation (France Telecom Network Services-UK Ltd) Order 2002 (S.I. 2002/400)

Education (Chief Inspector of Schools in England) Order 2002 (S.I. 2002/252)

Instruments not subject to Parliamentary proceedings laid before Parliament

Al-Qa'ida and Taliban (United Nations Measures) (Channel Islands) Order 2002 (S.I. 2002/258)

Al-Qa'ida and Taliban (United Nations Measures) (Isle of Man) Order 2002 (S.I. 2002/259)

Instruments not subject to Parliamentary proceedings not laid before Parliament

Anti-terrorism, Crime and Security Act 2001 (Commencement No. 3) Order 2002 (S.I. 2002/228)

Learning and Skills Act 2000 (Commencement No. 4) and Transitional Provisions Order 2002 (S.I. 2002/279)

Chiropractors Act 1994 (Commencement No. 6) Order 2002 (S.I. 2002/312)

Export of Goods (Federal Republic of Yugoslavia) (Control) (Revocation) Order 2002 (S.I. 2002/315)

Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002 (S.I. 2002/337)


Memorandum from the Department for Environment, Food and Rural Affairs


"The first two and last three articles of this Order are numbered "6". Is the Department taking steps to correct these errors?"

1. At the time of drafting this memorandum the Department has not yet received copies of the above Order from the Printers. The Department has however checked its file copies and can confirm that neither the signed copy nor the corrected proof copy contain this error.

"Article 2 provides that in this Order, unless the context otherwise requires, the expressions "animal gathering" and "approved disinfectant" are to have the meaning ascribed to them in that article. Identify the provisions in which those expressions are intended to have different meanings."

2. The Department agrees that the inclusion of the wording of this drafting convention are superfluous in this Order.

"In relation to article 6, is the Department confident that copies of the 1925 Order (and the amending instruments in 1926 and 1927) are readily available to users, and that they will not be misled by the outdated references to earlier legislation? Has the Department given consideration to revising and re-enacting the 1925 Order (as amended) in order to make it more comprehensible and accessible?"

3. The Department considers that all those to whom the 1925 Order applies (namely operators of Markets, Sales etc) will be thoroughly familiar with the requirements of that Order (and its amendments).

4. The Animal Gatherings (Interim Measures) (England) Order 2002 is part of a package of temporary measures considered necessary following the declaration of GB as free of FMD but drafted having regard to the fact that the country has only very recently experienced a major disease outbreak. It is intended that all the legislation within the package of Interim Measures will be kept under review and amended or revoked as and when this becomes appropriate.

5. For this reason, it was considered that the 1925 Order should not be revoked but its application suspended during this interim period. The Department intends to give full consideration to the future of the 1925 Order when it implements more permanent measures.


Memorandum from the Food Standards Agency


1. The Regulations were made on 31st January 2002, laid on 1st February 2002 and have a coming into force date of 2nd February 2002. They therefore breach the 21 day rule. This Memorandum explains the reason for the breach, which is regrettable but which the Food Standards Agency considers to be necessary in the circumstances.

2. The Regulations are made under section 2(2) of the European Communities Act 1972 and apply to certain animal products intended for human consumption or for animal feed use.

3. The Regulations implement Commission Decision 2002/69/EC (OJ No. L30, 30.1.2002, p.50) which was adopted on 30th January 2002 and came into effect on that date.

4. Commission Decision 2002/69/EC prohibits the importation into the European Community of products of animal origin from China. Its implementation therefore requires the Regulations to be brought into force as soon as possible.

1st February 2002

Further Memorandum from the Food Standards Agency


1. At its meeting on 25 February 2002 the Joint Committee on Statutory Instruments considered the above instrument and requested a memorandum on the following point -

Regulation 6(1) provides that certain specified provisions of the Food Safety Act 1990 are to apply for the purposes of these Regulations and unless the context otherwise requires any reference in them to the Act or Part thereof is to be construed as a reference to these Regulations. Identify the context in which a reference to the Act or Part thereof is not intended to be construed as a reference to these Regulations.

2. The Regulations were drafted under considerable time pressure and the draftsman included the expression underlined above with the possibility in mind that there might be such a context. However, re-consideration of the matter in the light of the Committee's query has not identified any such context.

3. The Agency is reminded by the Committee's letter of the Committee's views as regards the use of this expression and will bear them in mind in the future.

1st March 2002

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