At its meeting on 6 June 2018 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 two of those considered. The Instruments and the grounds for reporting them are given below. The relevant Departmental memoranda are published as appendices to this report.
1.1The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect.
1.2This instrument amends regulations relating to police pension schemes in relation to family leave, voluntary exit and additional voluntary contributions. Regulation 1(1) contains a general commencement provision for the instrument and regulation 1(2) and (3) set out different commencement dates for specific regulations.
1.3The Committee asked the Home Office to explain why regulation 1 makes provision for regulation 8 to have effect from a specific date but does not make equivalent provision in relation to regulation 2 (a similar provision which, like regulation 8, introduces the regulations which follow it). The Committee also asked the Department why it was not thought necessary to make provision for the date from which regulation 4 has effect.
1.4In a memorandum printed at Appendix 1, the Department accepts that the inclusion of regulation 8 in regulation 1(2) is an error. In relation to regulation 4, the Department explains that it was not thought necessary to make provision for the date from which it has effect as this regulation is not retrospective and therefore, like regulation 8, should be subject only to the arrangements for commencement set out in regulation 1(1).
1.5The Committee accepts the explanation in relation to regulation 4. The Committee reports regulation 1(2) for defective drafting, acknowledged by the Department.
2.1The Committee draws the special attention of both Houses to these Regulations on the ground that they fail to comply with proper legislative practice in one respect.
2.2These Regulations amend the Public Service (Civil Servants and Others) Pensions Regulations 2014 which established a scheme for the payment of pensions and other benefits to civil servants and other eligible persons. The amendments correct errors and resolve anomalies that have been identified in those regulations and reflect new policy relating to certain types of statutory leave associated with the birth or adoption of a child.
2.3As this instrument corrects drafting errors and introduces new provisions, the Committee asked the Cabinet Office if it had agreed with the Statutory Instrument Registrar whether free replacement copies ought to be provided in accordance with paragraph 4.7.6 of Statutory Instrument Practice (5th Edition, November 2017). In a memorandum printed at Appendix 2, the Department undertakes to consult the Statutory Instrument Registrar in accordance with the guidance in paragraph 4.7.6. The Committee accordingly reports these Regulations for failure to comply with proper legislative practice, acknowledged by the Department.
Published: 8 June 2018