Instruments reported
At its meeting on 2 July 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. 2025/569: Reported for failure to comply with proper legislative practice
The Registration of Marriages and Civil Partnerships (Registration Provisions) (Amendment) Regulations 2025
Procedure: Not subject to Parliamentary procedure
1.1 The 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.
1.2 These Regulations amend the Registration of Marriages Regulations 2015 and the Civil Partnership (Registration Provisions) Regulations 2005 as a consequence of amendments made by the Victims and Prisoners Act 2024. The Schedule to the Regulations contains new forms giving effect to the amendments made by the 2024 Act. The Committee was concerned about the small size of the font used for Forms 2 and 4, both in the hard copy and as published online. The Committee asked the Home Office to explain why the forms are published both online and in print in a font that makes it difficult to decipher the wording.
1.3 In a memorandum printed at Appendix 1, the Department explains that Forms 2 and 4 are landscape oriented so that the contents fit on one page to align with Forms 1 and 3, which mirror Forms 2 and 4 mirror save for the addition of a Welsh translation. The Department adds that the font used on all four forms is a standard size when viewed at A4 size, which is the size of the forms when used operationally, and provides a link to the forms at this “operational” size on the Government’s website. The Department then explains that the S.I. drafting software does not enable the insertion of forms in this format, with the software used resulting in an automatic resizing of images, which leads to a smaller sized font within the instrument itself. Noting the Committee’s First Special Report of Session 2017–19, Transparency and Accountability in Subordinate Legislation, the Department undertakes to consider possible technical solutions to the sizing of the images and whether to issue a corrected reprint.
1.4 The Committee remains clear that the principle of accessibility of legislation requires that hard copies of forms sold by the National Archives or published on legislation.gov.uk in the normal way should be capable of being read without difficulty. The Committee welcomes the Department’s suggestion that it will consider possible technical solutions in the hope that this will resolve the problems caused by the drafting software’s resizing of images. The Committee accordingly reports Forms 2 and 4 in the Schedule to the Regulations for failure to comply with proper legislative practice, acknowledged in part by the Department.
2 S.I. 2025/575: Reported for defective drafting
The Genetic Technology (Precision Breeding) Act 2023 (Commencement No. 1) 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 one respect.
2.2 These Regulations bring into force provisions of the Genetic Technology (Precision Breeding) Act 2023. Regulation 1(2) states that these Regulations extend to England and Wales and Scotland. However, amongst the numerous provisions being brought into force only one provision—section 41 – extends to Scotland. The Committee asked the Department for Environment, Food and Rural Affairs to explain the apparent breadth of regulation 1(2).
2.3 In a memorandum printed at Appendix 2, the Department explains that it considered it preferable to provide that the whole instrument should extend to England and Wales and Scotland rather than to make separate provision dealing solely with the commencement of section 41 of the 2023 Act, on the basis that the greater includes the lesser and that it is not possible for the Regulations to increase the extent of any provision in the Act.
2.4 The Committee does not disagree with either of these propositions. In general terms, the Committee approves of the practice of extent provisions being included in statutory instruments, even when they may be technically unnecessary, on the basis that they can be helpful to readers of legislation. However, the Committee takes the view that for extent provisions to be most useful care must be taken to ensure that they are not drafted in an overly broad fashion. As the Committee said in its Fourth Report of Session 2021–22 in relation to application provisions, it is important to avoid introducing another layer of unnecessary confusion for the reader. Given that what justifies the inclusion of extent provisions is their utility to the reader, the Committee takes the view that regulation 1(2) should have achieved a greater degree of clarity by being more specific about the single provision being commenced that extends to Scotland. The Committee accordingly reports regulation 1(2) for defective drafting.
Instruments not reported
At its meeting on 2 July 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 |
|
|
Draft |
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025 |
Instruments subject to annulment
|
S.I. Numbers |
S.I. Title |
|
S.I. 2024/685 |
|
|
S.I. 2024/1093 |
|
|
S.I. 2024/1261 |
The Damages (Personal Injury) (England and Wales) Order 2024 |
|
S.I. 2025/626 |
The Higher Education (Registration Fees) (England) (Amendment) Regulations 2025 |
|
S.I. 2025/629 |
The Transport Act 2000 (Air Traffic Services) (Amendment) Order 2025 |
|
S.I. 2025/636 |
|
|
S.I. 2025/641 |
|
|
S.I. 2025/653 |
The Capital Buffers and Macro-prudential Measures Regulations 2025 |
|
S.I. 2025/660 |
|
|
S.I. 2025/663 |
The Immigration (Exemption from Control) (Amendment) Order 2025 |
|
S.I. 2025/672 |
|
|
S.I. 2025/706 |
Draft instruments subject to annulment
|
S.I. Numbers |
S.I. Title |
|
Draft |
Instruments not subject to Parliamentary proceedings not laid before Parliament
|
S.I. Numbers |
S.I. Title |
|
S.I. 2025/637 |
The Power to Award Degrees etc. (Spurgeon’s College) (Amendment) Order 2025 |
|
S.I. 2025/677 |
The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2025 |
|
S.I. 2025/699 |
The Wireless Telegraphy (Limitation of Number of Licences) Order 2025 |
Appendix 1: Memorandum from the Home Office
S.I. 2025/569
The Registration of Marriages and Civil Partnerships (Registration Provisions) (Amendment) Regulations 2025
1. The Committee has asked the Home Office for a memorandum on the following point(s):
Explain why Forms 2 and 4 in the Schedule are published both online and in print in a font that makes it difficult to decipher the wording.
2. Forms 2 and 4 are the same as Forms 1 and 3, but with the addition of a Welsh translation. They are landscape orientated in order that the contents fit on one page to align with Forms 1 and 3. The font used on all four forms is a standard size when viewed at A4 size, which is the size of the forms when used operationally. The forms are also available online on gov.uk.1
3. The S.I. drafting software does not enable the insertion of documents in Word format, and therefore the forms have to be converted into the Tagged Image File Format (TIFF), as this usually produces the best quality image. However, upon conversion, the image is automatically re-sized leading to a smaller sized font for insertion into the instrument.
4. Noting the Committee’s general point about the size of wording in statutory forms in its First Special Report of 2017–19, the Home Office will consider possible technical solutions to the sizing of the images and whether to issue a corrected reprint.
Home Office
24 June 2025
Appendix 2: Memorandum from the Department for Environment, Food and Rural Affairs
S.I. 2025/575
The Genetic Technology (Precision Breeding) Act 2023 (Commencement No. 1) Regulations 2025
1. The Committee has asked the Department for Environment, Food and Rural Affairs for a memorandum on the following point(s):
Explain why regulation 1(2) states that these Regulations extend to England and Wales and Scotland when, aside from section 41, the remaining sections of the Genetic Technology (Precision Breeding) Act 2023 being commenced by these Regulations extend to England and Wales only pursuant to section 47(1) of the Act.
2. When providing in regulation 1(2) of the above-mentioned Regulations that they extend to England and Wales and Scotland, the Department had regard to the wording of section 47(2) of the Genetic Technology (Precision Breeding) Act 2023 (“the Act”) which provides that section 41 of the Act extends to England and Wales and Scotland.
3. The Department considered it preferable in drafting terms to provide that the whole instrument should extend to England and Wales and Scotland rather than to make separate provision dealing solely with the commencement of section 41 of the Act. This is because the greater includes the lesser and that it is not possible for the Regulations to increase the extent of any provision in the Act
Department for Environment, Food and Rural Affairs
23 June 2025
Formal Minutes
Wednesday 2 July 2025
Members present
Sir Bernard Jenkin, in the Chair
Lewis Atkinson
Lord Carter of Haslemere
Helena Dollimore
Lord Meston
Baroness Miller of Chilthorne Domer
Andrew Pakes
Lord Sahota
Baroness Sater
Lord Watson of Wyre Forest
Report consideration
Draft Report (Thirtieth 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 2.4 read and agreed to.
Annex agreed to.
Papers were appended to the Report as Appendices 1 to 2.
Resolved, That the Report be the Thirtieth 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 9 July 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 |
|
29th |
2 Statutory Instruments Reported |
HC 291-xxix |
|
28th |
1 Statutory Instrument Reported |
HC 291-xxviii |
|
27th |
3 Statutory Instruments Reported |
HC 291-xxvii |
|
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 |
Footnotes
1 Handling prisoner applications to marry or form a civil partnership: PSI 14/2016 - GOV.UK