Joint Committee on Statutory Instruments First Special Report


Annex 1: Extract from request sent to Departments in 2004


The Committee has decided to repeat its annual exercise of requesting returns from Departments setting out action taken in respect of instruments reported by the Committee in the previous year. As in previous years, it has also decided to request information from Departments on the action taken in respect of instruments reported in previous years on which the Committee considers that action remains outstanding.

Your Department is therefore requested to submit a return in tabular form as shown in the enclosed examples. The table should be headed by the name of your Department and the total number of instruments reported on in 2003, or on which action remains outstanding from previous years, as appropriate. Nil returns should also be submitted.

In Section A of the table, please detail any and all instruments listed in the information submitted in 2002 on which action was then still outstanding and indicate what, if any, action has been taken in 2003. If no action has been taken, an explanation should be given in the 'Observations' section.

In Section B f the table, only instruments which have been drawn to the special attention of both Houses in the course of 2003 should be noted. The relevant Committee reports for this purpose are the 6th to 32nd Reports of Session 2002-03 and the 1st to 3rd Reports of Session 2003-04.

I enclose a list of those instruments for which your Department is responsible which the Committee reported on in 2003, or on which the Committee considers action remains outstanding from previous years.

The columns in the table should be completed as follows:

a)  JCSI Report - list only those reports which concern your department.

b)  Instrument title -the full title and number as it is cited on the cover of the relevant report, and in the same order. If the Committee's comments are addressed to more than one instrument, the same format should be followed in the return as on the original report.

c)  Ground for reporting - list the specific article or regulation reported on and the ground(s) on which each was reported. Please follow the order in the relevant Report in addressing each one separately.

d)  Type of response - the response from the Department should be classified as follows:

No action necessary (specify the reason under Observations);

Correction slip issued (give date);

Instrument reissued/reprinted (give date);

Amending instrument issued (give date; title and registration number to be included under Observations);

Committee's comments incorporated in succeeding instrument (give date; title to be included under Observations);

Awaiting opportunity to amend/act on comments (note likely date, if known, under Observations);

Other (explain).

e)  Observations - to be used for explanations of other entries, including reasons why no action on the instrument is considered necessary, estimates of dates of future action and, where your Department is in disagreement with the Committee on a point, the reasons why.

It is intended that, as in previous years, the Committee will publish the table as an appendix to a Special Report. Where Departments have repeatedly failed to take remedial action on instruments, the Committee reserves the right to draw such instances to the special attention of both Houses.

April 2004


 
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