Joint Committee on Statutory Instruments First Special Report

Appendix 3a

Department of Health and Departments for Social Security and Work and Pensions:
instruments outstanding from 2001 and earlier

Total number of instruments outstanding:   from 1998:  2 (of which action on 0 remains outstanding)

            from 1999:  2 (of which action on 1 remains outstanding)

            from 2000:  0

            from 2001:  5 (of which action on 3 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
31st National Health Service (Service Committees and Tribunal) Amendment Regulations 1998

(S.I. 1998/674)

6: Requires elucidation "Still awaiting opportunity for amendment; it is now intended that this should be done with the implementation of provisions of the Health Act 1999 relating to the NHS Tribunal" [1999]

"The Health Act 1999 provisions relating to the NHS Tribunal and which were referred to in the previous return have not been implemented. The Health and Social Care Bill will, if enacted, abolish the Tribunal (see clause 24) and the provisions in the National Health Service Act 1977 relating to the Tribunal will be repealed (see clause 74 and Schedule 6). Accordingly the Department of Health does not now propose to amend the Regulations in question. (References are to the Bill print of 22 March 2001.)" [2000]

Section 16 of the Health and Social care Act 2001 (c. 15) abolished the National Health Service Tribunal. The Health and Social Care Act 2001 (Commencement No. 6) (England) Order 2001 provided for the coming into force of section 16 of the 2001 Act. It is proposed to bring section 16 into force in relation to Wales from 31 July 2002. [2001]

The Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002 S.I. 2002/1919 (c.60) provided for the coming into force of section 16 in relation to Wales. [2002]

45th Children (Performances) (Miscellaneous Amendments) Regulations 1998

(S.I. 1998/1678)

Requires elucidation "We are still awaiting a suitable opportunity to amend these Regulations" [1999] Amending instrument issued (February 2000): Children (Performances) Amendment Regulations 2000 (S.I. 2000/10) [2000]
12th Mid-Sussex National Health Service Trust (Establishment) Amendment Order 1999

(S.I. 1999/199)

Defective drafting "The issue of a correcting instrument was delayed but the matter is now to be pursued" [1999] Amending instrument issued (May 2000): The Mid-Sussex National Health Service Trust (Establishment) Amendment Order 2000 (S.I. 2000/1362) [2000]
17th Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999

(S.I. 1999/786)

11(3): Defective drafting The Regulations are currently being redrafted to match changes in the Social Security Recovery of Benefits Appeal Tribunal, where appeals are heard. [1999]

The Regulations are still in the course of preparation, but are expected shortly to be finalised. [2000]

Delayed to accommodate amendments to related regulations (the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991). Intended to be finalised shortly. [2001]

Their final form is dependent on the passage through Parliament of the Injury Costs Recovery provisions in the current Health Bill. [2002]
2000 - NIL
6th Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations

(S.I. 2000/3198)

11: Unexpected use of powers No action necessary (23.01.01)
15th National Heath Service (Charges for Drugs and Appliances) Amendment Regulations 2001

(S.I. 2001/746)

7(3): Defective drafting

Explanatory Note: Defective drafting

Awaiting opportunity to amend (11.04.01) Amendments anticipated to come into force 1 October 2002 [2001]

Awaiting opportunity to amend. [2002]

16th Stakeholder Pension Schemes (Amendment) (No. 2) Regulations 2001 (S.I. 2001/934) 7(7)(a): Defective drafting

7(8): Defective drafting

7(9) and (10): Defective drafting



Other (01.07.02)

The Department offered an explanation for the drafting in its memorandum but has now accepted the JCSI's comments. Further amending regulations are in preparation which will rectify the errors identified.
9th Social Security (Jobcentre Plus Interviews) Regulations 2001

(S.I. 2001/3210)

6(4): Defective drafting

The Regulations: Defective drafting

Other (01.07.02) Amending regulations are being prepared [2002]

Regulation 6 was revoked by the Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703) with effect from 30 September 2002. [2003]

10th Children (Leaving Care) Social Security Benefits Regulations 2001 (S.I. 2001/3074) 1(2): Defective drafting Awaiting opportunity to amend (01.07.02)

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