At its meeting on 12 May 2021 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 four 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.
1.2These Regulations, which are subject to the negative resolution procedure, amend the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999 (S.I. 1999/1869) to implement Directive (EU) 2017/2109. Regulation 2(7)(c) inserts a new paragraph that sets out how long personal data collected under the 1999 Regulations may be kept and what must be done with it when that time has elapsed. The Committee asked the Department for Transport to confirm that the words “after which it shall be erased without undue delay” in inserted paragraph (2)(b) should apply to both limbs of paragraph (2) and so appear after, rather than in, sub-paragraph (b), in order properly to reflect the EU provisions being transposed. In a memorandum printed at Appendix 1, the Department acknowledges the error and undertakes to correct it at the next legislative opportunity. The Committee accordingly reports regulation 2(7)(c) for defective drafting, acknowledged by the Department.
2.2These Regulations, which are subject to the negative resolution procedure, increase the rates payable by a relevant body for NHS funded nursing care, by amending the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996). The Regulations operate by amending definitions in regulation 20 of the 2012 Regulations, and those definitions refer to regulations 29 and 30 of the 2012 Regulations. Regulations 29 and 30 operate by reference to the National Health Service (Nursing Care in Residential Accommodation) (England) Directions 2007 (which therefore have to be capable of being understood in order to understand the full effect of the amendment made by these Regulations). The National Archives’ website version of the 2012 Regulations gives a link to those Directions, but it no longer works. The Committee asked the Department of Health and Social Care to explain where the Directions can be found. In a memorandum printed at Appendix 2, the Department explains that the Directions (which were revoked by regulation 32(7)(a) of the 2012 Regulations) have been archived, and it provides a link to the archived version. Since these amending regulations cannot be fully understood without access to the Directions, the link should have been maintained in an active form. The Committee accordingly reports the 2012 Regulations as amended by these Regulations for failure to comply with proper legislative practice.
3.1The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted in one respect.
3.2This Order, which is subject to the negative resolution procedure, amends the pension and allowance rates payable under the Personal Injuries (Civilians) Scheme 1983 in respect of civilians who were killed or injured during World War II.
3.3The footnote to the preamble sets out how the power to make and amend a scheme was transferred from “the Minister” to the Secretary of State. The Committee questioned the application of one of the instruments cited in the footnote, the Transfer of Functions (War Pensions etc.) Order 2001. In a memorandum printed at Appendix 3, the Ministry of Defence accepts that the 2001 Order was not part of the chain that vested the power to make this Order in the Secretary of State. The Committee accordingly reports the footnote to the preamble for defective drafting, acknowledged by the Department.
4.1The Committee draws the special attention of both Houses to these Rules on the ground that they require elucidation in one respect.
4.2These Rules, which are subject to the negative resolution procedure, amend the Magistrates’ Courts Rules (Northern Ireland) 1984 (S.R. 1984/225) to re-insert provisions that were erroneously revoked by S.I. 2019/908. That instrument is identified in a footnote to rule 2 as having made the most recent relevant amendments to rules 52D, 52L and 52M, which rule 2 amends. To understand the cumulative effect of amendments, readers need to be able to identify earlier relevant amending legislation. The Committee asked the Ministry of Justice to identify the other instruments that, in addition to S.I. 2019/908, made relevant amendments to S.R. 1984/225. In a memorandum printed at Appendix 4, the Department provides the information requested, and the Committee accordingly reports rule 2 for requiring elucidation, provided in the Department’s memorandum.