Instruments reported
At its meeting on 7 May 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. 2025/268: Reported for defective drafting
The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2025
Procedure: Made negative
1.1 The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted in one respect.
1.2 This Order designates bodies in relation to which government departments must provide information about their expected use of resources for the financial year ending 31st March 2026. Part 8 of the Schedule designates Festival 2022 Limited in relation to the Department for Culture, Media and Sport. The Committee asked HM Treasury to explain the inclusion of this company when it appears to have been dissolved in the financial year preceding the financial year covered by this instrument.
1.3 In a memorandum printed at Appendix 1, the Department agrees that Festival 2022 Limited no longer needs to be designated for the 2025–26 financial year and that the legislation contains an unnecessary provision with no legal effect. The Department undertakes to amend the company’s designation for 2025–26 by a routine amendment order later in the year. The Department notes that the company was dissolved on 11 March 2025 and that when the Order was made on 5 March 2025 dissolution had not yet been confirmed. While acknowledging this difficulty, the Committee reports Part 8 of the Schedule for defective drafting, acknowledged by the Department.
2 S.I. 2025/287: Reported for requiring elucidation
The Certification of Fuels and Fireplaces (Charges) (England) Regulations 2025
Procedure: Made negative
2.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they require elucidation in one respect.
2.2 These Regulations prescribe charges that may be made in connection with the certification of fuels and fireplaces for the purposes of smoke control measures in the Clean Air Act 1993 and the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020. Regulation 4 defines wood fuel as “wood supplied for the purpose of combustion in domestic premises in England.” These Regulations use the definition of “domestic premises” contained in the 2020 Regulations which does not expressly include a garden or other land. The Committee noticed that the definition of “premises” in the 1993 Act did expressly include “other land”. The Committee asked the Department for Environment, Food and Rural Affairs to confirm whether it is the Department’s intention to exclude wood supplied, for example, for use in a garden fire pit, from the definition of “wood fuel” in these Regulations.
2.3 In a memorandum printed at Appendix 2, the Department confirms that use of wood fuel for combustion outside is excluded and that the Department has separately published non-statutory guidance on outdoor burning. The Committee accordingly reports regulation 4 for requiring elucidation, provided by the Department’s memorandum.
Instruments not reported
At its meeting on 7 May 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
Instruments requiring affirmative approval
|
S.I. Numbers |
S.I. Title |
|
S.I. 2025/504 |
|
|
S.I. 2025/507 |
Draft instruments requiring affirmative approval
Instruments subject to annulment
|
S.I. Numbers |
S.I. Title |
|
S.I. 2025/363 |
The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2025 |
|
S.I. 2025/367 |
|
|
S.I. 2025/369 |
The Merchant Shipping (Light Dues) (Amendment) Regulations 2025 |
|
S.I. 2025/387 |
|
|
S.I. 2025/390 |
|
|
S.I. 2025/408 |
|
|
S.I. 2025/410 |
The Town and Country Planning (Crown Development Applications) (Hearings and Inquiries) Rules 2025 |
|
S.I. 2025/412 |
The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 |
|
S.I. 2025/413 |
The Cosmetic Products (Restriction of Chemical Substances) Regulations 2025 |
|
S.I. 2025/429 |
The Social Security (Contributions) (Amendment No. 5) Regulations 2025 |
|
S.I. 2025/431 |
|
|
S.I. 2025/454 |
The Road Vehicles (Construction and Use) (Amendment) Regulations 2025 |
|
S.I. 2025/455 |
|
|
S.I. 2025/498 |
The Oil and Gas Authority (Carbon Storage) (Retention of Information and Samples) Regulations 2025 |
Instruments not subject to Parliamentary proceedings not laid before Parliament
|
S.I. Numbers |
S.I. Title |
|
S.I. 2023/5 |
The Power to Award Degrees etc. (National Film and Television School (The)) Order 2023 |
|
S.I. 2025/448 |
The Power to Award Degrees etc. (College of Legal Practice Limited) (Amendment) Order 2025 |
|
S.I. 2025/465 |
Appendix 1: Memorandum from HM Treasury
S.I. 2025/268
The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2025
1. The Committee has asked HM Treasury for a memorandum on the following point(s):
Explain why part 8 of the Schedule contains Festival 2022 Limited when that company appears to have been dissolved in the financial year preceding the financial year covered by this instrument.
2. When preparing orders under section 4A(3) of the Government Resources and Accounts Act 2000 (‘the GRAA’), HM Treasury works closely with other Government Departments to ensure that the bodies included in the Schedules to those orders are accurate for the financial years to which the orders relate.
3. Festival 2022 Limited (‘the company’) was first designated in relation to the Department for Digital Culture Media and Sport for the 2020–21 financial year by the Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) (No. 2) Order 2020 (SI 2020/1530). The company has similarly been designated for each financial year since. Those designations were made to ensure compliance with Clear Line of Sight (‘CLoS’) requirements, in particular the consolidation into departmental Estimates and accounts of expenditure by all bodies within the departmental group.
4. When this Order (SI 2025/268) was made on 5th March 2025 the dissolution of the company had not been confirmed. Consequently, to avoid any possible misalignment with CLoS requirements for that year the company was included in SI 2025/268.
5. As the company was subsequently dissolved before the start of the 2025–26 financial year (Companies House records the date of dissolution as 11 March 2025), we agree that it no longer needs to be designated for that year.
6. No practical problems arise from the company’s inclusion in SI 2025/268. As the company is now dissolved, no resources will be used by the company in relation to the 2025–26 financial year. Further, the company’s designation for 2025–26 will be ended by a routine Amendment Order later in the year which will refresh the designated bodies for that year.
7. Amendment Orders are routinely published towards the end of a financial year - normally December - to ensure bodies listed within them remain up-to-date and accurate. Usually one order and one amending order is made each financial year as detailed at 5.5 of the Explanatory Memorandum.
8. HM Treasury recognise that it is unfortunate that legislation has been made that contains a provision which is unnecessary and has no legal effect.
HM Treasury
29 April 2025
Appendix 2: Memorandum from the Department for Environment Food and Rural Affairs
S.I. 2025/287
The Certification of Fuels and Fireplaces (Charges) (England) Regulations 2025
1. The Committee has asked the Department for Environment Food and Rural Affairs for a memorandum on the following point(s):
Given that the definition of “domestic premises” in regulation 4 does not expressly include a garden or other land, explain whether it is the Department’s intention to exclude wood supplied, for example, for use in a garden fire pit, from the definition of “wood fuel” in regulation 4.
2. The Certification of Fuels and Fireplaces (Charges) (England) Regulations 2025 (“Charges SI”) prescribe the charges that may be made in connection with the certification of wood fuel, other solid fuels and fireplaces for the purposes of the Clean Air Act 1993 and the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 (S.I. 2020/1095) (“DSFS Regulations 2020”).
3. The question from the Committee relates to the definition of “domestic premises” used in Regulation 4 of the Charges SI which states ““domestic premises” has the meaning given in regulation 2(1) of the DSFS Regulations”, and the definition of “wood fuel”, which means “wood supplied for the purpose of combustion in domestic premises in England”. The question therefore concerns the scope of the DSFS Regulations 2020
4. The DSFS Regulations 2020 defines “domestic premises” as “premises which are used wholly or mainly as a private dwelling including boats designed or adapted for use solely as a place of permanent habitation”. The DSFS Regulations 2020 therefore currently regulate the supply of relevant solid fuels for the purposes of combustion in domestic premises in England. This does not currently include the use of such wood for combustion outside (such as for use in a garden fire pit).
5. In November 2023, the Department published best practice non-statutory guidance on outdoor burning. The Department intends to publish a revised Environmental Improvement Plan in 2025 which will set out action it is taking to reduce harmful air quality emissions.
Department for Environment Food and Rural Affairs
28 April 2025
Formal Minutes
Wednesday 7 May 2025
Members present
Sir Bernard Jenkin, in the Chair
Lewis Atkinson
Lord Brady of Altrincham
Lord Meston
Andrew Pakes
Lord Sahota
Baroness Sater
Gareth Snell
Lord Watson of Wyre Forest
Report consideration
Draft Report (Twenty-third 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-third 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 14 May 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 |
|
22nd |
3 Statutory Instruments Reported |
HC 291-xxii |
|
21st |
2 Statutory Instruments Reported |
HC 291-xxi |
|
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 |