Total number of instruments
outstanding: from 1999: 1 (of which action on 1 remained
outstanding on 1 May 2004)
from
2000: 1 (of which action on 0 remained outstanding on 1 May
2004)
from
2001: 1 (of which action on 0 remained outstanding on 1 May
2004)
from
2002: 8 (of which action on 4 remained outstanding on 1 May
2004)
| JCSI Report
| Instrument title
| Ground for reporting
| Observation in earlier Return [year]
| Observations
|
| 1999
|
| 1998-99
| | | |
|
17th
| Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999 (S.I. 1999/786)
| Regulation 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 to be 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]
| The proposed amendment of these Regulations has been delayed during the Parliamentary consideration of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). Section 169 of that Act provides that the Road Traffic (NHS Charges) Act 1999 (c.3) shall cease to have effect as will these Regulations in consequence. However, since it is not now anticipated that section 169 will come into effect until 2005 the Department proposes now to amend regulation 11(3) in June 2004 to remedy the defective drafting.
|
| 2000
|
| 1999-2000
|
|
|
|
|
| 7th
| Good Laboratory Practice Regulations 1999
(S.I. 1999/3106)
| (a) Regulations 2(1) and 5(4): Defective drafting
(b) Regulation 10(2): Unusually wide use of power
| (a) Department has acknowledged [2000]
When the instrument is next amended or succeeded, the JCSI's comments will be incorporated. [2001]
(b) No action necessary
| (a) Amendments made by regulation 2 of the Good Laboratory Practice (Codification Amendments Etc.) Regulations 2004 (S.I. 2004/994) made on 30th March 2004.
|
| 2001
|
| 2000-01
| | | |
|
| 15th
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 (S.I. 2001/746)
| Regulation 7(3): Defective drafting
Explanatory Note: defective drafting
| Awaiting opportunity to amend.
Amendments anticipated to come into force 1 October 2002 [2001]
Awaiting opportunity to amend [2002]
| Amendments made by regulation 8(3) and (4) of the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548) made on 7th March 2002.
|
| 2002
|
| 2001-02
| | | |
|
| 15th
| National Health Service (General Ophthalmic Services) Amendment (No. 2) Regulations 2001 (S.I. 2001/3739)
National Health Service (General Medical Services Supplementary List) Regulations 2001 (S.I. 2001/3740)
National Health Service (General Dental Services) Amendment (No. 6) Regulations 2001 (S.I. 2001/3741)
National Health Service (General Medical Services) Amendment (No. 4) Regulations 2001(S.I. 2001/3742)
| Defective drafting - standard of drafting below that which may reasonably be expected
| The Department has not yet implemented all the provisions relating to lists introduced by the 1997 and 2001 Acts. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to medical, dental and ophthalmic practitioners and in the course of making necessary consequential amendments to these Regulations will address the outstanding points.
| S.I. 2001/3739: Amendments to the General Ophthalmic Services Regulations have been drafted, which address the points the Committee raised. The amending Regulations also make other significant changes which are currently out for consultation. It is hoped to have the new Regulations in place in the summer of 2004.
S.I. 2001/3740 and 3742: Amendments to correct the problems identified by the Committee were made by the NHS (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003 (S. I. 2003/2644) made on 10th October 2003. S.I. 2001/3740 and 3742 and 2003/2644 were revoked with effect from 1st April 2004 by article 120 of and Schedule 2 to the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865).
S.I. 2001/3741: Part 4 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) revokes and replaces the provisions relating to lists for both doctors and dentists. The provisions relating to doctors are already in force and it is intended that the provisions relating to dentists will be brought into force, along with new regulations relating to lists for dentists, during the course of the current financial year. S.I. 2001/3741 will then be revoked.
|
| 17th
| Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852)
| Paragraph 3(1) of Schedule 1 to the Order: Defective drafting
| Awaiting opportunity to amend.
The Department regrets that the amendment has not yet been made but this will be done at the next opportunity. [2002]
| This provision related to transitional arrangements in respect of persons registered under legislation repealed by the Care Standards Act 2000. It was time limited by virtue of paragraph 2(2) and is now spent. Accordingly, the Department considers that it is no longer necessary to make the amendment.
|
| 27th
| National Health Service (General Dental Services) Amendment Regulations 2002 (S.I. 2002/558)
| Regulation 5: Defective drafting
| The Department has not yet implemented all the provisions relating to lists introduced by the 1997 Act. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to dental practitioners and in the course of making necessary consequential amendments to the NHS (General Dental Services) Regulations will address the outstanding points.
| Part 4 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) revokes and replaces the provisions relating to lists for both doctors and dentists. The provisions relating to doctors are already in force and it is intended that the provisions relating to dentists will be brought into force, along with new regulations relating to lists for dentists, during the course of the current financial year. S.I. 2002/558 will then be revoked.
|
| 30th
| National Health Service (General Ophthalmic Services) Amendment Regulations 2002 (S.I. 2002/601)
| Regulation 4(a), (b) and (d): Defective drafting
| The Department has not yet implemented all the provisions relating to lists introduced by the 2001 Act. However, it intends to do so during the course of 2003. These proposed regulations, which are currently being drafted, will make new provisions for lists in relation to ophthalmic practitioners and in the course of making necessary consequential amendments to the NHS (General Ophthalmic Services) Regulations will address the outstanding points. [2002]
| Amendments to the General Ophthalmic Services Regulations have been drafted, which address the points the Committee raised. The amending Regulations also make other significant changes which are currently out for consultation. It is hoped to have the new Regulations in place in the summer of 2004.
|
| 36th
| Medical Devices Regulations 2002 (S.I. 2002/618)
| Regulations 2(1), 5(1) and (2), 20(1) and (2), 32(1) and (2), 52(1) and 59: Defective drafting
Regulation 20(2): Defective drafting
| The errors will be amended in an S.I. which is to be laid shortly, and come into force on 1 October 2003. [2002]
| Amendments made by regulations 2, 4, 10, 11, 15 and 17 of the Medical Devices (Amendment) Regulations 2003 (S.I. 2003/1697) made on 4th July 2003.
|
