Ninth Report of Session 2017-19 Contents

Instruments reported

At its meeting on 17 January 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.

1S.I. 2017/1140: Reported for defective drafting

Police Federation (England and Wales) Regulations 2017

1.1The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect.

1.2These Regulations abolish the existing Police Federation Regulations and implement reform as set out in the Independent Police Federation Review (the Normington Review), including changes to the structure and operating procedures of the Federation.

1.3Regulation 9(1) provides that members of the metropolitan police force branch are to elect one representative for every 65 police officers in the metropolitan police force. Where similar provisions are included elsewhere in the instrument (regulations 8(2), 10(3) and 14(3)), those provisions go on to specify that “the number of police officers in a force is the total number of police officers in that force on 31st March in the year that was two years before that in which the election is held.” There is no such provision in regulation 9. The Committee asked the Home Office to explain, for the purposes of regulation 9(1), on what date the number of police officers in the metropolitan police force is to be calculated.

1.4In a memorandum printed at Appendix 1, the Department recognises that there is no express provision setting out on what date the number of police officers in the metropolitan police force in regulation 9(1) should be calculated, and that this leaves some ambiguity about the number of representatives who may be elected. The Department undertakes to correct this the next time that the Regulations are amended. The Committee accordingly reports Regulation 9(1) for defective drafting, acknowledged by the Department.

2S.I. 2017/1177: Reported for defective drafting

Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017

2.1The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect.

2.2These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 to devolve enforcement responsibility under the EU Environmental Liability Directive (2004/35/EC) in Welsh offshore areas from the Secretary of State to Welsh Ministers and make further minor amendments.

2.3Regulation 7 (inserted paragraph 5(3)) refers to “European site” having the same meaning as in regulation 8 of the Conservation of Habitats and Species Regulations 2010. The 2010 Regulations have now been repealed and replaced with 2017 Regulations of the same name and the reference should be to regulation 8 of the 2017 Regulations. The Committee asked the Department for Environment, Food and Rural Affairs to explain the reference to the repealed regulation.

2.4In a memorandum printed at Appendix 2, the Department acknowledges the error and states that it will correct it at the next opportunity. The Committee is grateful for the acknowledgment and for the undertaking to correct. As discussed in the Committee’s Seventh Report of Session 2017/19 relating to S.I. 2017/1070, the Committee is content that, pending correction, section 17 of the Interpretation Act 1978 ensures that the provision made in these Regulations in relation to the 2010 Regulations remains effective. As in the case of S.I. 2017/1070, any suggestion that section 17 is contra-indicated by the obsolete reference having been inserted after the repeal should be sufficiently rebutted by the opportunity that this exchange with the Committee has given to the Department to record publicly that this was simply a drafting error. The Committee accordingly reports regulation 7 for defective drafting, acknowledged by the Department.





18 January 2018