Twenty-Fifth Report of Session 2021–22

This is a House of Lords and House of Commons Committee Joint report.

Author: Joint Committee on Statutory Instruments

Date Published: 25 February 2022

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Contents

Instruments reported

At its meeting on 23 February 2022 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 grounds for reporting it are given below. The relevant departmental memorandum is published as an appendix to this report.

1S.I. 2021/1397: Reported for failure to comply with proper legislative practice

Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2021

1.1The 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.

1.2These Regulations, which are subject to the negative resolution procedure, grant derogations that permit military uses of halon-1301. They are made under Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (EUR 1005/2009, in its retained EU legislation form), which includes at Article 25D a requirement to consult persons “representative of the interests likely to be substantially affected” as well as any other appropriate persons before making regulations. The Committee asked the Department for Environment, Food and Rural Affairs whether consultation took place, and, if it did, why this was not stated in the preamble. In a memorandum printed as an Appendix, the Department confirms that it did comply with its statutory duty to consult and acknowledges that this should have been stated in the preamble. The Committee accordingly reports the preamble for failure to comply with proper legislative practice, acknowledged by the Department.

Instruments not reported

At its meeting on 23 February 2022 the Committee considered the instruments set out in the Annex to this Report, none of which was required to be reported to both Houses.

Annex

Instruments requiring affirmative approval

S.I. 2022/123

Russia (Sanctions) (EU Exit) (Amendment) Regulations 2022

S.I. 2022/161

Health Protection (Coronavirus, Restrictions) (Self-Isolation etc.) (Revocation) (England) Regulations 2022

Draft Instruments requiring affirmative approval

Draft

Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2022

Draft

Agriculture (Financial Assistance) (Amendment) Regulations 2022

Draft

Direct Payments to Farmers (Reductions) (England) Regulations 2022

Draft

Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022

Draft

Electricity Supplier Payments (Amendment) Regulations 2022

Draft

Human Medicines (Amendments Relating to the Early Access to Medicines Scheme) Regulations 2022

Instruments subject to annulment

S.I. 2021/1441

Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2021

S.I. 2021/1442

Customs Importation (Miscellaneous Provisions and Amendment) (EU Exit) (Amendment) Regulations 2021

S.I. 2021/1455

Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021

S.I. 2022/8

Personal Protective Equipment at Work (Amendment) Regulations 2022

S.I. 2022/10

Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2022

S.I. 2022/14

Public Lending Right Scheme 1982 (Commencement of Variation) Order 2022

S.I. 2022/27

School and Early Years Finance (England) Regulations 2022

S.I. 2022/29

Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022

S.I. 2022/41

Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022

S.I. 2022/54

Family Proceedings Fees (Amendment) Order 2022

S.I. 2022/60

Universal Credit and Employment and Support Allowance (Claimant Commitment Exceptions) (Amendment) Regulations 2022

Draft Instruments subject to annulment

Draft

Bedford (Electoral Changes) Order 2022

Instruments not subject to parliamentary proceedings not laid before Parliament

S.I. 2022/48

Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022

Appendix

S.I. 2021/1397

Ozone-Depleting Substances (Grant of Halon Derogations) Regulations 2021

1. The Committee has asked the Department for Environment, Food and Rural Affairs for a memorandum on the following point:

Explain whether consultation took place as required by Article 25D and, if it did, why this is not stated in the preamble.

2. Consultation took place as required by Article 25D. The Explanatory Memorandum states that the Devolved Administrations were consulted. The only body or person with a substantial interest in the Regulations was the applicant for the derogation granted by the Regulations. The Department gathered information and evidence from the applicant.

3. The preamble to the Regulation should have stated that the consultation condition at Article 25D had been satisfied. The Department will request the SI Registrar to correct this point.

Department for Environment, Food and Rural Affairs

8 February 2022

Formal Minutes

Wednesday 23 February 2022

Virtual meeting

Members present:

Jessica Morden, in the Chair

Lord Beith

Baroness D’Souza

Lord Haskel

Paul Holmes

John Lamont

Lord Smith of Hindhead

Richard Thomson

Liz Twist

Draft Report, proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1.1 to 1.2 read and agreed to.

Annex agreed to.

A Paper was appended to the Report.

Resolved, That the Report be the Twenty-Fifth Report of the Committee to both Houses.

Ordered, That the Chair make the Report to the House of Commons and that the Report be made to the House of Lords.

Adjourned till Wednesday 2 March at 3.40 p.m.