Joint Committee on Statutory Instruments Thirteenth 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

†  Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003

†  General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

†  Child Benefit and Guardian's Allowance (Decisions and Appeals) Regulations 2003

Instruments subject to annulment

S.I. 2003/291  Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003

S.I. 2003/308  Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2003

S.I. 2003/324  Social Security Pensions (Low Earnings Threshold) Order 2003

S.I. 2003/325  Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

S.I. 2003/329  Rating Lists (Valuation Date) (England) Order 2003

†  S.I. 2003/330  Electronic Communications (Market Analysis) Regulations 2003

S.I. 2003/331  Children (Allocation of Proceedings) (Amendment) Order 2003

†  S.I. 2003/347  Child Support (Transitional Provision) (Miscellaneous Amendments) Regulations 2003

†  S.I. 2003/363  Housing Benefit (General) Amendment Regulations 2003

S.I. 2003/364  Civil Procedure (Amendment) Rules 2003

S.I. 2003/369  National Care Standards Commission (Registration) (Amendment) Regulations 2003

S.I. 2003/385  Greater London Magistrates' Courts Authority (Constitution) (Amendment) Regulations 2003

Instruments subject to annulment (Northern Ireland)

S.R. 2003/31    Valuation for Rating (Plant and Machinery) Order (Northern Ireland) 2003

S.R. 2003/58    Local Government (General Grant) Regulations (Northern Ireland) 2003

S.R. 2003/71    Crown Court (Amendment) Rules (Northern Ireland) 2003

S.R. 2003/75    Family Proceedings (Amendment) Rules (Northern Ireland) 2003

S.R. 2003/88    Legal Aid (Financial Conditions) Regulations (Northern Ireland) 2003

S.R. 2003/89    Legal Advice and Assistance (Financial Conditions) Regulations (Northern Ireland) 2003

S.R. 2003/90    Legal Advice and Assistance (Amendment) Regulations (Northern Ireland) 2003

S.R. 2003/94    Legal Advice and Assistance (Amendment No. 2) Regulations (Northern Ireland) 2003

Instruments not subject to Parliamentary proceedings not laid before Parliament

S.I. 2003/189  Adoption (Intercountry Aspects) Act 1999 (Commencement No. 8) Order 2003

S.I. 2003/249  Nationality, Immigration and Asylum Act 2002 (Commencement No. 3) Order 2003

S.I. 2003/253  Animal Gatherings (Interim Measures) (England) Order 2003

S.I. 2003/254  Disease Control (Interim Measures ) (England) Order 2003

S.I. 2003/255  Transport of Animals (Cleansing and Disinfection) (England) Order 2003

S.I. 2003/258  Tobacco Advertising and Promotion Act 2002 (Commencement No. 3) (Amendment and Transitional Provisions) Order 2003

S.I. 2003/260  Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003

S.I. 2003/272  Countryside and Rights of Way Act 2000 (Commencement No. 3) Order 2003

S.I. 2003/273  Social Security Fraud Act 2001 (Commencement No. 6) Order 2003

S.I. 2003/288  Adoption and Children Act 2002 (Commencement No. 2) Order 2003

S.I. 2003/346  Child Support, Pensions and Social Security Act 2000 (Commencement No. 13) Order 2003

S.I. 2003/392  Tax Credits Act 2002 (Commencement No. 2) Order 2003


Memorandum from the Department of Health


1. These Regulations were first laid before both Houses of Parliament on Thursday 23rd January 2003. After they were laid an error was found in the Explanatory Note. After taking the view of the relevant House authorities it has been decided that it is appropriate to lay these Regulations again.

27 January 2003

Further memorandum from the Department of Health


1. By a letter dated 25th February 2003 the Committee requested a memorandum on the following point:

In regulation 3(2)(b)(ii), should "visible advertisements" read "visible tobacco advertisements"?

2. It is confirmed that regulation 3(2)(b)(ii) is intended to apply to "visible tobacco advertisements".

3. The Department accepts that it would have been clearer if the word "tobacco" had been included. However, in the context of the legislation which the Regulations are implementing, it is thought that the words visible advertisements could really only refer to visible tobacco advertisements. The Department would also point out that the Explanatory Note refers to visible tobacco advertisements.

4. As regulation 3(2)(b) applies to a period which begins after 29th July 2003, the Department intends to amend the Regulations to clarify this matter when a suitable opportunity arises.

3 March 2003


Memorandum from the Department for Environment, Food and Rural Affairs


1. The Committee has asked the Department to explain why the Table of Arrangement has been included after (instead of before) the recital of powers.

2. The Department acknowledges that the Table of Arrangement should have preceded the recital of powers, and regrets the departure from the Statutory Instrument Practice.

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