At its meeting on 24 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 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.
1.1The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in three identical respects.
1.2These Regulations bring specified provisions of the Immigration Act 2016 into force on 15 January 2018. Regulation 3 introduces the Schedule, which makes transitional provision in relation to the commenced provisions. In three places, the Schedule refers to circumstances which existed, or actions which occurred, before 20 November 2017, and how those circumstances or actions are to be treated on or after that date.
1.3In a memorandum printed as an Appendix, the Home Office states that the references to 20 November 2017 should have been to 15 January 2018, and apologises for this error. It goes on to explain the action which it took to rectify the error, which resulted in an amending instrument being made the day after the Committee raised the matter with it.
1.4The Committee accordingly reports these Regulations for defective drafting, acknowledged by the Department, and commends the Department for the speedy action it took to avoid any problems which might have resulted from its original error.
24 January 2018