Joint Committee on Statutory Instruments Eighteenth Report


Appendix 2 S.I. 2004/640: memorandum from the Department for Environment, Food and Rural Affairs


Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (England) (Amendment) Regulations 2004 (S.I. 2004/640)


1. The Committee has requested a memorandum addressing the following questions—

This instrument was made on 8 March and laid before Parliament on 9 March. Has it been printed and put on sale? If so, when did this happen? If not, why not? Has it been placed on the HMSO website? If not, why not?

2. The Instrument was printed and put on sale on 31 March 2004, and placed on the HMSO website on the same date.

31 March 2004

S.I. 2004/640: further memorandum from the Department for Environment, Food and Rural Affairs

1. The Committee has requested a memorandum addressing the following questions -

The Department's memorandum of 31 March 2004 does not explain why the instrument had not been printed and put on sale before the Committee asked its question.

(1)  When was the instrument sent for printing?

(2)  Explain the reasons for any delay between the date of laying and the date of sending for printing.

(3)  Given that a proof of the instrument appears to have been obtained before the instrument was made, and that no significant alterations were required following making, explain any delay between the sending of it for printing and 31 March.

(4)  Would these delays have been avoided if the instrument had been produced using the S.I. template? What steps is the Department taking to make full use of the template?

2. The Department responds as follows:

3. The instrument was sent for printing on 24 March and was delivered to TSO on 25 March.

4. Due to staff shortages, there was a delay between laying the SI on 9 March and sending for printing on 24 March. The SI section has been one staff short since January 2004 to Easter and has been working under constant pressure. Nevertheless the Department regrets the delay and will seek to ensure that future publication deadlines are met.

5. There was no delay between sending for printing and the 31 March, the date of publication. The publication folder was handed to our messenger on 24 March and it was delivered to TSO on 25 March. TSO arranged for publication on 31 March.

6. In the Department's view, these delays would have been avoided had the instrument been registered and published using the SI template procedure. This SI was produced on the SI template, however in this instance lawyer's were content for proofs to be obtained before publication. Internal guidance that proofs are not required when the template has been used was, regrettably, overlooked. Lawyers drafting SIs receive template training and during the period January - March 2004, the Department had approx 27% take-up rate for using the SI template. This is expected to increase over the next few months.

30 April 2004


 
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