Instruments reported
At its meeting on 11 June 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 three 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. 2025/502: Reported for requiring elucidation and defective drafting.
The Police (Vetting) Regulations 2025
Procedure: Made negative
1.1 The Committee draws the special attention of both Houses to these Regulations on the grounds that they require elucidation in one respect and are defectively drafted in one respect.
1.2 These Regulations introduce a legal duty for police officers to hold and maintain vetting clearance and create bespoke provisions enabling police forces to dismiss officers who fail to comply with the duty. Regulation 2(1) defines “police officer” as “a member of a police force or special constable” and noting that the powers cited within the preamble only appear to make specific provision for the dismissal of chief constables or the Commissioner or Deputy Commissioner of Police of the Metropolis, the Committee asked the Home Office to explain which power cited in the preamble is relied upon to make provision for the dismissal without notice of police officers.
1.3 In a memorandum printed at Appendix 1, the Department explains that it is relying upon sections 50(1) and 51(1) of the Police Act 1996 in respect of police officers and special constables respectively. The Department notes that sections 50(3) and 51(2A) of the Police Act 1996, which are the subsections that contain express reference to dismissal, concern procedures for the taking of disciplinary proceedings and this therefore does not apply to vetting withdrawal assessments. The Department’s position is that vetting is not a disciplinary matter but instead a matter of government and administration, which would be toothless without a dismissal mechanism and therefore they are satisfied that this is implied within the general power to make regulations “as to the government, administration and conditions of service”.
1.4 The Committee agrees that vetting is not coterminous with discipline; that much is clear from the High Court’s decision in R (Di Maria) v Commissioner of Police of the Metropolis [2025] EWHC 275 (Admin). Having said that, the Committee considers that given this instrument seeks to provide a new regulatory mechanism by which police officers can be dismissed should they fail to hold and maintain vetting clearance, it would be helpful for the power upon which the Department is relying to achieve this objective to be explained clearly in the Explanatory Memorandum in the first instance. The Committee accordingly reports this instrument for requiring elucidation, provided by the Department’s memorandum.
1.5 Regulation 11 addresses the provision of notices, with regulation 11(4) setting out the deemed date of service for a written notice or document sent by post. The Committee noticed that regulation 11(4) appeared to have the effect that a document sent on a Thursday would be taken to have been served on the next working day, whereas for a document sent on any other day of the week would be taken to have been served after two working days. The Committee asked the Department to explain whether this was the intention.
1.6 In a memorandum printed at Appendix 1, the Department acknowledges that the effect of regulation 11(4) would appear to be that a written notice or document sent by post on a Thursday will always be taken to be received more quickly than a written notice or document sent by post on another day of the week. Despite noting that it expects the vast majority of written notices and documents sent under these Regulations to be sent to the officer concerned by email rather than post, the Department will consider whether to amend the Regulations to address this inconsistency. Noting that this same issue arises in S.I. 2025/558 - the Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (at regulations 8(4), 21(4), and 60), the Committee welcomes the Department’s suggestion that it will consider an appropriate amendment. The Committee accordingly reports regulation 11(4) for defective drafting, acknowledged by the Department.
2 S.I. 2025/515: Reported for defective drafting
The Domestic Abuse Act 2021 (Commencement No.9 and Saving Provisions) Regulations 2025
Procedure: Not subject to Parliamentary procedure
2.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in two respects.
2.2 These Regulations bring into force Part 3 of the Domestic Abuse Act 2021 (which establishes a new Domestic Abuse Protection Notice (“DAPN”) and Domestic Abuse Protection Order (“DAPO”)), in so far as it is not already in force, on a piloted basis for the period beginning with 28 April 2025 and ending with 26 November 2025.
2.3 Regulation 3(1) provides for the provisions of Part 3 to continue to have effect after 26 November 2025 in the specified areas in the cases referred to in accordance with paragraph (2) of that regulation. The Committee asked the Ministry of Justice to explain whether it is intended that regulation 3(1)(c) should apply where an application to appeal the decision of a court has been made before the end of the specified period and is yet to be determined, and neither a DAPN nor DAPO is in effect, noting that this particular situation does not appear to be covered by this provision.
2.4 In a memorandum printed at Appendix 2, the Department explains that regulation 3(1) should apply where an application to appeal has been made, to make clear that Part 3 continues to apply in such a case, after the end of the specified period. However, the Department considers that the instrument as drafted does not achieve this and therefore undertakes to amend the instrument at the next available opportunity. The Department notes that when amending the instrument, it will also be necessary to add provision for appeal against a decision of a court on an application for a DAPO as a purpose for which the savings apply – at present, whilst an appeal against a DAPO is a listed purpose, an appeal against a decision not to make a DAPO is not. The Committee accordingly reports regulation 3(1) for defective drafting, acknowledged by the Department.
2.5 The Committee also asked the Department to explain whether it is intended that, where a DAPO is obtained pursuant to any of the first four stages outlined in the table set out at regulation 3(2), it should then be possible to enforce, vary, discharge or appeal the Order within its specified purposes, noting that this was not included within the table set out within the Regulations.
2.6 In a memorandum printed at Appendix 2, the Department explains that the intention was that the savings should apply for all of the purposes set out in the second column of the table in regulation 3(2) in all cases. The Department undertakes to amend the table at the next available opportunity. The Committee accordingly reports regulation 3(2) for defective drafting, acknowledged by the Department.
3 S.I. 2025/560: Reported for requiring elucidation
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2025
Procedure: Made negative
3.1 The Committee draws the special attention of both Houses to this Order on the ground that it requires elucidation in one respect.
3.2 This Order makes changes to the permitted development rights that support the installation of air source heat pumps.
3.3 Article 5(2) removes the words “or equivalent standards” from paragraph G.1 of Part 14 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 in order to provide clarity to installers that the MCS Planning Standards are the only applicable standards for heat pump installations. Article 7 provides transitional arrangements to account for the removal of “or equivalent standards” by article 5(2). The Committee asked the Ministry of Housing, Communities and Local Government to explain whether it is intended that the transitional provision should apply to all development previously permitted under Class G of Part 14 (air source heat pumps) or whether it is intended that the development needs to have reached a particular stage before 29 May 2025 for the transitional provision to apply. If it is intended that the transitional provision should apply to all previously permitted development under Class G, the Committee asked the Department to explain why a transitional provision was required rather than simply delaying the commencement of article 5(2).
3.4 In a memorandum printed at Appendix 3, the Department notes that it is not intended that the transitional provision should apply to all development which was permitted under Class G of Part 14 immediately before 29 May 2025 or apply to development that had reached a particular stage before that date. It further explains that delaying the commencement of article 5(2) would not have the same effect as the transitional provision. The Committee understands that in practice, the effect of the transitional provision is that the installation of a heat pump where the installation is seeking to rely on MCS Planning-equivalent standards must be completed before the end of 28 May 2026 but also must comply with the development conditions as they stood prior to the coming into force of this Order. In contrast, the installation of a heat pump which complies with MCS Planning Standards must comply with the development conditions as they now stand. It appears to the Committee that the intended effect of the transitional provision is to encourage the use of the MCS Planning Standards in view of the broader development conditions that have been introduced, whilst still providing a period where equivalent standards can be used. The Committee notes that it did not expressly ask the Department to explain the underlying policy intention behind the transitional provision. Accordingly, the Committee does not criticise the Department for not explaining this point in terms and ultimately the Committee was able to derive the intended practical effect of the provision from the Department’s memorandum. On that basis, the Committee is content to report article 7 of this Order for requiring elucidation, provided by the Department’s memorandum.
Instruments not reported
At its meeting on 11 June 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 |
The Contracts for Difference (Miscellaneous Amendments) (No. 3) Regulations 2025 |
|
Draft |
The Sheep Carcase (Classification and Price Reporting) (England) Regulations 2025 |
|
Draft |
The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025 |
|
Draft |
The Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025 |
Instruments subject to annulment
|
S.I. Numbers |
S.I. Title |
|
S.I. 2025/537 |
|
|
S.I. 2025/555 |
|
|
S.I. 2025/561 |
|
|
S.I. 2025/583 |
|
|
S.I. 2025/590 |
|
|
S.I. 2025/592 |
|
|
S.I. 2025/599 |
The Apprenticeships (Miscellaneous Provisions) (England) (Amendment) Regulations 2025 |
|
S.I. 2025/605 |
The Persistent Organic Pollutants (Amendment) (No. 3) Regulations 2025 |
Appendix 1: Memorandum from the Home Office
S.I. 2025/502
The Police (Vetting) Regulations 2025
1. The Committee has asked the Home Office for a memorandum on the following point(s):
1. Explain which power cited in the preamble is relied upon to make provision for the dismissal without notice of police officers (regulation 24(3)).
2.Given that, for example, a document sent on a Thursday will never fall within regulation 11(4)(a), explain whether it is intended that a notice or document sent by post on a Thursday should be taken to have been delivered on the next working day in accordance with regulation 11(4)(b) (noting that it appears that the effect of regulation 11(4)(a) is that for notices and documents sent on other days of the week, they are taken to be delivered on the second day after they were sent provided that day is a working day.
2. With regard to the first point, the power is section 50(1) of the Police Act 1996 in respect of police officers and section 51(1) of the Police Act 1996 in respect of special constables.
3. The Committee will have noted that there is no express reference to dismissal in section 50 except at subsection (3). Nor is there an express reference to dismissal in section 51 except at subsection (2A). Sections 50(3) and 51(2A) concern “procedures for the taking of disciplinary proceedings”. But vetting is not a disciplinary matter and so these provisions are not relevant to vetting withdrawal assessments.
4. The Home Office nevertheless is satisfied that the Secretary of State’s power to make regulations “as to the government, administration and conditions of service” of police forces and special constables is sufficiently broad that – notwithstanding the lack of express words – the Secretary of State may establish procedures for cases in which police officers who are unable to hold vetting clearance may be dealt with by dismissal. Vetting is plainly a matter of government and administration, and a vetting regime would be toothless without a dismissal mechanism.
5. By way of illustration, the Home Office notes that there is no express reference in section 50 to the circumstances in which a police officer who is on probation may be dismissed. Yet regulation 13 of the Police Regulations 2003 provides that a chief officer may dispense with the services of a probationer if they are not fitted to perform the duties of their office or are not likely to become an efficient or well conducted constable. It follows that the circumstances in which the Secretary of State may regulate procedures for dismissal are not limited to circumstances in which dismissal follows the taking of disciplinary proceedings.
6. With regard to the second point, the Home Office agrees with the Committee that the effect of regulation 11(4) would appear to be that a written notice or document sent by post on a Thursday will always be taken to be received more quickly than a written notice or document sent by post on another day of the week.
7. The Home Office will consider whether regulation 11(4)(b) ought to be amended to specify the next working day after the day specified in regulation 11(4)(a), not the next working day after the day on which the written notice or document was posted.
8. The Home Office expects that very little correspondence under the Regulations will take place by post. The vast majority of written notices and documents are expected to be sent to the officer concerned by email.
Home Office
23 May 2025
Appendix 2: Memorandum from the Ministry of Justice
S.I. 2025/515
The Domestic Abuse Act 2021 (Commencement No.9 and Saving Provisions) Regulations 2025
1. The Committee has asked the Ministry of Justice for a memorandum on the following point(s):
1. Explain whether it is intended that regulation 3(1)(c) should apply where an application to appeal the decision of a court has been made before the end of the specified period and is yet to be determined, and neither a Domestic Abuse Protection Notice nor Order is in effect.
2. Explain whether it is intended that, where a Domestic Abuse Protection Order is obtained pursuant to any of the first four stages outlined in the table set out at regulation 3(2), it should then be possible to enforce, vary, discharge or appeal the Order within its specified purposes.
2. We thank the Committee for bringing these points to our attention.
3. On the first question, we confirm that on an application made in accordance with section 28 of the Domestic Abuse Act 2021, a court may make or decide not to make a domestic abuse protection order (“DAPO”). By making this decision, the court determines the application. The court’s decision can be appealed, but the appeal is a new stage in proceedings and does not change the fact that the application has already been determined.
4. So, where a court has made a decision on an application for a DAPO, an application to appeal the decision has been made, and neither a DAPO nor domestic abuse protection notice is in effect, the best view is that the application has been determined and, therefore, regulation 3(1)(c) does not apply.
5. The Department considers that regulation 3(1) should apply where an application to appeal has been made, to make clear that Part 3 continues to apply in such a case, after the end of the specified period. An amendment to regulation 3(1) will likely be necessary to achieve this. The Department will look to amend the instrument at the next available opportunity.
6. The Department considers that, when amending the instrument, it will also be necessary to add appeal against a decision of a court on an application for a DAPO as a purpose for which the savings apply. At present, appeal against a DAPO is a purpose, but appeal against a decision not to make a DAPO is not.
7. As to the second point, the intention was that the savings should apply for all of the purposes set out in the second column of the table in regulation 3(2) in all cases. So, in any case where the savings apply, it was intended that it would be possible to enforce, vary, discharge or appeal a DAPO. The table is not intended to have any effect other than setting out these purposes.
8. The Department acknowledges that, since the table is not intended to have any effect other than setting out the purposes, the purposes should instead have been set out as a list (i.e. as sub-paragraphs of regulation 3(2)). The Department will look to replace the table by an amendment at the next available opportunity.
Ministry of Justice
28 May 2025
Appendix 3: Memorandum from the Ministry of Housing, Communities and Local Government
S.I. 2025/560
The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2025
1. The Committee has asked the Ministry of Housing, Communities and Local Government for a memorandum on the following point(s):
In relation to article 7—
1. explain whether it is intended that the transitional provision should apply to all development previously permitted under Class G of Part 14 (air source heat pumps) or whether it is intended that the development needs to have reached a particular stage before 29 May 2025 for the transitional provision to apply;
2. if it is intended that the transitional provision should apply to all previously permitted development under Class G, explain why a transitional provision was required rather than simply delaying the commencement of article 5(2).
2. The transitional provision applies to “previously permitted development”, which is a term defined in article 7(1). However, it is not intended that the transitional provision should apply to all development which was permitted under Class G of Part 14 immediately before 29th May 2025, or apply to development that had reached a particular stage before that date.
3. The transitional provision applies where: (a) development is permitted under Class G of Part 14 (air source heat pumps) immediately before 29th May 2025, (b) development is no longer permitted under that Class on or after 29th May 2025, and (c) the reason that the development is no longer permitted is the amendment made by article 5(2) (omission of “or equivalent standards” from paragraph G.1).
4. If the commencement of article 5(2) were delayed and the transitional provision omitted, Class G would permit a development which complied with equivalent standards and came within the amended Class G. For example, part of the air source heat pump could be installed within 1 metre of the boundary of the curtilage of the dwellinghouse or block of flats (see paragraph G.2(e), which is omitted by article 5(3)(c) of the amending SI).
5. Whereas, a development under the transitional provision (one that complies with an equivalent standard) would have to be one permitted by Class G immediately before 29th May 2025. In such a development, no part of the air source heat pump could be installed within 1 metre of the boundary of the curtilage.
6. The same can be said in relation to the amendments made by article 5(3)(a) and (b) and (4).
7. So, delaying the commencement of article 5(2) would not have the same effect as the transitional provision.
8. To note, the effect of the transitional provision is to allow previously permitted development under equivalent standards for a period of 12 months and so remove liability under s.108 Town and Country Planning Act 1990.
Ministry of Housing, Communities and Local Government
23 May 2025
Formal Minutes
Wednesday 11 June 2025
Members present
Lord Brady of Altrincham
Lord Carter of Haslemere
Helena Dollimore
Lord Meston
Baroness Miller of Chilthorne Domer
David Pinto-Duschinsky
Lord Sahota
Baroness Sater
In the absence of the Chair, Baroness Sater was called to the chair.
Report consideration
Draft Report (Twenty-seventh 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 3.4 read and agreed to.
Annex agreed to.
Papers were appended to the Report as Appendices 1 to 3.
Resolved, That the Report be the Twenty-seventh 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 18 June 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 |
|
26th |
3 Statutory Instruments Reported |
HC 291-xxvi |
|
25th |
2 Statutory Instruments Reported |
HC 291-xxv |
|
24th |
2 Statutory Instruments Reported |
HC 291-xxiv |
|
23rd |
2 Statutory Instruments Reported |
HC 291-xxiii |
|
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 |