Joint Committee on Statutory Instruments First Special Report


Department for Education and Skills Appendix 2A: instruments outstanding from 2002 and earlier

Total number of instruments outstanding:  from 1999:  4 (of which action on 1 remained outstanding on 1 May 2004)

            from 2000:  2 (of which action on 2 remained outstanding on 1 May 2004)

            from 2001:  1 (of which action on 1 remained outstanding on 1 May 2004)

            from 2002:  5 (of which action on 3 remained outstanding on 1 May 2004)
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
1999
1998-99
8th Education (School Premises) Regulations 1999 (S.I. 1999/2) 26(1): defective drafting Awaiting opportunity to amend [1999, 2000, 2001, 2002] No suitable opportunity to amend has arisen. [2003]
11th Education (Determination of Admission Arrangements) Regulations 1999 (S.I.1999/126) 6(2)(a): defective drafting An amendment has now been made in relation to England-see regulation 2(6) of the Education (Determination of Admission Arrangements) (Amendment) (England) Regulations 2002 (S.I. 2002/2896). [2003]
13th Education (Transition to New Framework) (New Schools, Groups and Miscellaneous) Regulations 1999 (S.I.1999/362) 42(2)(b): Defective drafting To be repealed in the course of implementing the Education Act 2002 [2003] Revoked in relation to England by the Education (Revocation of Spent Provisions) (England) Regulations 2003 (S.I. 2003/2694), 20.10.03
30th Education (Transition to New Framework) (Miscellaneous Provisions) Regulations 1999 (S.I.1999/2267) 7(a); 10(2): incorrect reference No suitable opportunity to amend has arisen. (2003) Regulation 7 revoked by the Education (National Curriculum)(Temporary Exceptions for Individual Pupils) (England) Regulations 2000 (S.I. 2000/2121); regulation 10 revoked by the Revocation of Spent Provisions (England) (Regulations 2003 (S.I. 2003/2694), 20.10.03

2000
1999-2000
31st Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (England) Regulations 2000

(S.I. 2000/2121)

1(3); 2(2); 9(1); 9(2); 10(4); 11(2); 11: defective drafting Awaiting opportunity to amend [2000, 2001, 2002]. No suitable opportunity to amend has arisen [2003].
31st Education (Change of Category of Maintained Schools) (England) Regulations 2000 (S.I. 2000/2195) 20(3): Defective drafting Drafting division unaware of JCSI comment therefore issue not addressed in the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2003

(S.I. 2003/2136) [2002].

No suitable opportunity to amend has arisen [2003].
2001
2000-01
14th Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001 (S.I. 2001/782) 4(2)(c) and 6(1)(iii): Defective drafting Awaiting opportunity for a possible amendment [2001, 2002] No suitable opportunity to amend has arisen [2003].
2002
2001-02
18th Special Educational Needs Tribunal (Time Limits)(Wales) Regulations 2001 (S.I.2001/3982) 3(3), 3(4) and 4(3); doubtful vires Regulation making powers have been transferred to the Welsh Assembly under Schedule 18 to the Education Act 2002. No Regulations have been made to correct the defect and at the moment there are no plans to do so [2002].
25th Education (QCA Levy) Regulation 2002 (S.I. 2002/435) 6: unnecessarily complex and obscure drafting Awaiting opportunity to amend [2002]. No suitable opportunity to amend has arisen [2003].
35th Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulation 2002

(S.I. 2002/1458)

Schedule 6, 7: defective drafting and improper drafting practice Awaiting opportunity to amend [2002]. No suitable opportunity to amend has arisen [2003].

2002-03
1st Education (Teacher Student Loans) (Repayment etc.) Regulations 2002 (S.I. 2002/2086) 6, 8(5), 8(6): defective drafting Amending instrument made 21.07.03 Education (Teacher Student Loans) (Repayment etc) Regulations (S.I.2003/1917)
1st Education (Grants) (Music, Ballet and Choir Schools) (Amendment) (England) Regulations 2002 (S.I. 2002/2868) 2: defective drafting As the effect of these Regulations would be of relatively short duration (they will be superseded by a general power) it was not felt necessary to amend them. Revoked by Financing of Maintained Schools (England) Regulations 2003 (S.I. 2003/453), dated 27 February 2003



 
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