3 S.I.
2004/14: failure of explanatory note to comply with Statutory
Instrument Practice
Housing Benefit and Council Tax Benefit (Abolition
of Benefit Periods) Amendment Regulations 2004 (S.I. 2004/14)
3.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that the explanatory
note fails to comply with Statutory Instrument Practice.
3.2 Paragraph 2.13.2 of Statutory Instrument Practice
states that the explanatory note to an instrument should be informative,
and should say what the instrument does; should assist the reader
in deciding whether or not he needs to refer to the instrument,
and be intelligible to one who is not familiar with the relevant
area of law or administration. Paragraph 2.13.3 states that often
the text of an instrument cannot be understood unless it is read
in conjunction with other legislation, and in such a case the
explanatory note should help the reader to understand the instrument's
effect without looking up other provisions.
3.3 These Regulations amend ten other instruments.
The nature of the amendments is such that their effect is unclear
without looking at the instruments being amended, each of which
has already been amended on numerous occasions.
3.4 The explanatory note extends to more than a page,
and consists mainly of a detailed list of the provisions which
are amended. One short paragraph states that: "These Regulations
abolish benefit periods in housing benefit and council tax benefit",
but explains neither what benefit periods were nor the effect
of their abolition. In a memorandum printed at Appendix 3, the
Department for Work and Pensions acknowledges that the explanatory
note was insufficiently informative and undertakes to prepare
an amended note to be included in the bound volume and on the
HMSO website.
3.5 The Committee accordingly reports these Regulations
on the ground that the explanatory note fails to comply with Statutory
Instrument Practice, as is acknowledged by the Department.
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