Instruments reported
At its meeting on 23 April 2025 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 are given below. The relevant departmental memoranda are published as appendices to this report.
1 S.I. 2025/168: Reported for requiring elucidation
The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2025
Procedure: Not subject to Parliamentary procedure
1.1 The Committee draws the special attention of both Houses to this Order on the ground that it requires elucidation.
1.2 This Order extends the period for which the pilot scheme established under the Universal Credit (Work-Related Requirements) In Work Pilot Scheme and Amendment Regulations 2015 has effect. The 2015 Regulations established the pilot scheme under section 41 of the Welfare Reform Act 2012. That section allows for such schemes to be made for “piloting purposes” which allow for the testing of certain aspects of the universal credit system, and the 2015 Regulations were made for the purpose of testing the imposition of work-related requirements on universal credit claimants in paid work. Section 41(5) allows for a pilot scheme to have effect for three years, unless it is extended by an order made by the Secretary of State; and eight orders have been made which have extended the pilot scheme for a 10-year period. Whilst there is no express limit on the number of times a pilot scheme can be extended, the Committee considered that this instrument raises a technical question regarding the basis on which this further extension of the scheme is consistent with the piloting purposes set out in section 41(2) of the Act. The Committee asked the Department for Work and Pensions to explain.
1.3 In a memorandum printed at Appendix 1, the Department explains that the pilot scheme has been extended for a further 12 months because progression for those in work will be a key element of the Department’s objective to reform delivery of employment services. The Department says that it intends to use the pilot scheme to test how claimants may be able to obtain more or better paid work but that specific details cannot be provided while the Department’s plans to take forward the Government’s agenda are being developed. The Committee acknowledges that the “piloting purposes” in section 41(2) deal with schemes to promote people remaining in work. However, the Committee’s query relates to the technical limits on the power to extend a pilot scheme for testing purposes given the duration that the scheme has been operating. Of course, the Committee notes that there is no express limit on the number of times that a pilot scheme can be extended but equally the longer a pilot scheme runs the more likely it is that an explanation will be needed as to why the scheme still needs to be tested in order to conform with the technical requirements of section 41. If the Department decides to extend this pilot scheme once again, the Department may wish to consider explaining this point more fully to provide this reassurance. Accordingly, the Committee reports this Order for requiring elucidation, partially provided by the Department’s memorandum.
2 S.I. 2025/271: Reported for defective drafting
The Judicial Pensions (European Court of Human Rights) (Amendment) Order 2025
Procedure: Made negative
2.1 The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted in one respect.
2.2 This Order updates the Judicial Pensions (European Court of Human Rights) Order 1998 so that an ECHR judge may continue to accrue benefits in the pension scheme constituted by the Judicial Pensions Regulations 2022 in circumstances where the judge is a member of that scheme immediately prior to their appointment as an ECHR judge. Article 5(a) amends article 4(3)(a) of the 1998 Order to replace a reference to “articles 5 to 7” with a reference to “articles 5, 6 and 7” but does not make the same amendment to article 4(1) of the 1998 Order. The Committee asked the Ministry of Justice to explain whether article 4(1) should also have been amended.
2.3 In a memorandum printed at Appendix 2, the Department acknowledges that article 4(1) of the 1998 Order should have been amended given the amendment made by article 5(a) of this Order. The Department goes onto explain that article 4(1) only applies in relation to historic pension schemes, so will not apply in relation to any new appointee to the ECHR. The Department undertakes to make a clarificatory amendment at the next available opportunity. The Committee accordingly reports article 5(a) for defective drafting, acknowledged by the Department.
Instruments not reported
At its meeting on 23 April 2025 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
|
S.I. Numbers |
S.I. Title |
|
Draft |
Forensic Science Regulator draft Code of Practice 2025 (Version 2) |
|
Draft |
Health and Social Care Information Standards (Procedure) Regulations 2025 |
|
Draft |
|
|
Draft |
Instruments subject to annulment
Draft instruments subject to annulment
|
S.I. Numbers |
S.I. Title |
|
Draft |
Kirklees (Electoral Changes) Order 2025 |
|
Draft |
|
|
Draft |
Instruments not subject to Parliamentary proceedings not laid before Parliament
|
S.I. Numbers |
S.I. Title |
|
S.I. 2025/261 |
The Domestic Abuse Act 2021 (Commencement No. 7 and Saving Provisions) Regulations 2025 |
|
S.I. 2025/272 |
The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 |
|
S.I. 2025/349 |
The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 4) Regulations 2025 |
Appendix 1: Memorandum from the Department for Work and Pensions
S.I. 2025/168
The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2025
1. The Committee has asked the Department for Work and Pensions for a memorandum on the following point(s):
Noting that there is no express limit on the number of times that pilot schemes under section 41 of the Welfare Reform Act 2012 may be extended, explain the basis on which using that power to extend the in-work pilot scheme for the eighth time over 10 years is consistent with the piloting purposes set out in section 41(2).
2. Section 41(2) of the Welfare Reform Act 2012 defines “piloting purposes” as for the purpose of testing the extent to which a provision under Part one of the Act does one of three things:
a. simplifies the understanding or administration of Universal Credit;
b. promotes people remaining in work, obtaining or being able to obtain more or better paid work;
c. affects the conduct of claimants.
3. The pilot scheme was established to test the extent to which the imposition of the work related requirements on persons already in paid work is likely to promote their remaining in work, or obtaining or being able to obtain, more or better-paid work.
4. The pilot scheme has been further extended to February 2026 because progression for those in work will be a key element of the Department’s objective to reform delivery of employment services. The Department intends to use the pilot scheme to test how claimants may be able to obtain more or better paid work, consistent with the piloting purposes set out in section 41(2) of the Welfare Reform Act 2012. It is not possible to set out specific details while the Department’s plans to take forward the Government’s agenda are being developed.
Department for Work and Pensions
2 April 2025
Appendix 2: Memorandum from the Ministry of Justice
S.I. 2025/271
Judicial Pensions (European Court of Human Rights) (Amendment) Order 2025
1. The Committee has asked the Ministry of Justice for a memorandum on the following point(s):
Explain whether article 4(1) of SI 1998/2768 should have been amended given the amendment made by article 5(a) of this Order.
2. We consider that article 4(1) of SI 1998/2768 should have been amended given the amendment made by article 5(a) of this Order.
3. The Committee may wish to note that article 4(1) only applies in relation to historic pension schemes, so will not apply in relation to any new appointee to the European Court of Human Rights.
4. The Department will look to make a clarificatory amendment at the next available opportunity.
5. We thank the Committee for drawing this matter to our attention.
Ministry of Justice
1 April 2025
Formal Minutes
Wednesday 23 April 2025
Members present
Sir Bernard Jenkin, in the Chair
Lewis Atkinson
Lord Brady of Altrincham
Lord Meston
David Pinto-Duschinsky
Lord Sahota
Baroness Sater
Gareth Snell
Report consideration
Draft Report (Twenty-first 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 2.3 read and agreed to.
Annex agreed to.
Papers were appended to the Report as Appendices 1 to 2.
Resolved, That the Report be the Twenty-first 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 30 April at 3.40 p.m.
List of Reports from the Committee during the current Parliament
All publications from the Committee are available on the publications page of the Committee’s website.
Session 2024–25
|
Number |
Title |
Reference |
|
20th |
5 Statutory Instruments Reported |
HC 291-xx |
|
19th |
No Statutory Instruments Reported |
HC 291-xix |
|
18th |
2 Statutory Instruments Reported |
HC 291-xviii |
|
17th |
No Statutory Instruments Reported |
HC 291-xvii |
|
16th |
1 Statutory Instrument Reported |
HC 291-xvi |
|
15th |
1 Statutory Instrument Reported |
HC 291-xv |
|
14th |
No Statutory Instruments Reported |
HC 291-xiv |
|
13th |
8 Statutory Instruments Reported |
HC 291-xiii |
|
12th |
2 Statutory Instruments Reported |
HC 291-xii |
|
11th |
2 Statutory Instruments Reported |
HC 291-xi |
|
10th |
2 Statutory Instruments Reported |
HC 291-x |
|
9th |
2 Statutory Instruments Reported |
HC 291-ix |
|
8th |
4 Statutory Instruments Reported |
HC 291-viii |
|
7th |
1 Statutory Instrument Reported |
HC 291-vii |
|
6th |
4 Statutory Instruments Reported |
HC 291-vi |
|
5th |
5 Statutory Instruments Reported |
HC 291-v |
|
4th |
2 Statutory Instruments Reported |
HC 291-iv |
|
3rd |
10 Statutory Instruments Reported |
HC 291-iii |
|
2nd |
No Statutory Instruments Reported |
HC 291-ii |
|
1st |
2 Statutory Instruments Reported |
HC 291-i |