Ninth Report of Session 2023–24

Instruments reported

At its meeting on 24 January 2024 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 are given below. The relevant departmental memorandum is published as an appendix to this report.

1S.I. 2022/1227: Reported for failure to comply with proper legislative practice

Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 5) Regulations 2022

Procedure: Not subject to parliamentary procedure

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 bring into force specified provisions of the Police, Crime, Sentencing and Courts Act 2022. Section 208(1) of the 2022 Act provides the power to appoint the day that provisions within the Act come into force. Section 208(2) specifies that regulations may appoint different days for different purposes. This instrument appoints different days for different provisions but cites only section 208(1) in the preamble. The Committee asked the Home Office to explain why section 208(2) was not also cited in the preamble.

1.3In a memorandum printed at Appendix 1, the Department explains that section 208(2) was not cited as the Department took the view that the Regulations did not appoint different days for different purposes (or areas). It further explains that it considers section 208(2) to not limit the general power found in section 208(1). Whilst the Committee is inclined to agree that section 208(2) does not limit the general power, it does not agree that section 208(2) was not relevant and should not have been cited in the preamble.

1.4Where an Act provides a power to appoint “different days for different purposes”, this is understood to include the power to appoint different days for different provisions (see Craies section 10.1.10 and Office of Parliamentary Counsel Drafting Guidance section 10.6.14). This also accords with how the Department has approached section 208 when commencement instruments that have been made under that section to date (and not only in some similar regulations). The Committee accordingly reports the preamble for failing to comply with proper legislative practice in one respect.

Instruments not reported

At its meeting on 24 January 2024 the Committee considered the instruments set out in the Annex to this Report, none of which were required to be reported to both Houses.

Annex

Draft instruments requiring affirmative approval

Instruments subject to annulment

Instruments not subject to parliamentary proceedings laid before Parliament

Instruments not subject to parliamentary proceedings not laid before Parliament

Appendix 1: Memorandum from the Home Office

S.I. 2022/1227

Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 5) Regulations 2022

1)The Committee has asked the Home Office for a memorandum on the following point(s):

Explain why section 208(2) of the enabling Act is not cited in the preamble.

2)The Home Office notes that the general enabling power for these Regulations, section 208(1) of the Police, Crime, Sentencing and Courts Act 2002, was appropriately cited. It further notes that section 208(2) is a specific power which is intended to illustrate (but not limit) how the section 208(1) power may be used. Section 208(2) was not cited because the Home Office took the view that the Regulations did not appoint different days for different purposes or areas.

3)However, the Home Office accepts that subsection (2) of section 208 of that Act was cited in some similar Regulations made under this power, and so this approach would have aided consistency.

Home Office

16 January 2024

Formal Minutes

Wednesday 24 January 2024

Members present

Jessica Morden, in the Chair

Lord Beith

Lord Chartres

Peter Grant

Lord Sahota

Baroness Sater

Lord Watson of Wyre Forest

Report consideration

Draft Report (Ninth 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 1.4 read and agreed to.

Annex agreed to.

A paper was appended to the Report as Appendix 1.

Resolved, That the Report be the Ninth 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.

Adjournment

Adjourned till Wednesday 31 January at 3.40 p.m.