Instruments reported
At its meeting on 4 May 2011 the Committee scrutinised
a number of Instruments in accordance with Standing Orders. It
was agreed that the special attention of both Houses should be
drawn to one of those considered. The Instrument and the ground
for reporting it is given below. The relevant Departmental memorandum
is published as an appendix to this report.
1
S.I. 2011/493: Reported for requiring
elucidation
Office of the Renewable Fuels Agency (Dissolution
and Transfer of Functions) Order 2011 (S.I 2010/493)
1.1 The Committee draws the special attention
of both Houses to this Order on the grounds that it requires elucidation
in one respect.
1.2 The Order is made by the Secretary of State
for Transport, transfers the functions of the Renewal of Fuels
Agency to the Secretary of State and dissolves it. The enabling
power is section 125C(1), (4), (5) and (6) of the Energy Act 2004.
It is stated in the accompanying Explanatory Memorandum, with
commendable openness, that for purposes of timing the Order omits
a number of consequential changes to legislation (tidying up redundant
references) that one might expect to see included, the reason
being that section 125C(8) of the 2004 Act provides (so far as
is relevant) that such an order — though normally subject
to negative resolution procedure — is subject to the affirmative
resolution procedure if it modifies primary legislation.
1.3 The Committee, which was concerned with the
possibility that a conceptually incomplete instrument might have
been made for the sole purpose of avoiding affirmative procedure,
asked for details of the omitted legislation and for amplification
of the timing problems.
1.4 In a memorandum printed as the Appendix,
the Department for Transport specifically identifies the legislation,
and how it is planned to be tidied up, and explains the timing
considerations in greater detail. The Committee is satisfied that
the omissions give rise neither to incomplete structure nor incomplete
effect; rather they leave a number of spent provisions, which
are appropriately described as redundant and are not expected
to remain as excrescences for an unacceptable period. The Committee
accordingly reports the Order as requiring the elucidation further
provided in the Department's memorandum.
| 
