This is a House of Lords and House of Commons Committee joint report.
Joint Committee on Statutory Instruments
Date Published: 18 October 2024
At its meeting on 16 October 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 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.
Procedure: Made negative
1.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect
1.2 These Regulations deal with the regulation of anti-fouling systems, which are coatings put on the outside of hulls of ships to prevent the attachment of unwanted organisms such as barnacles and other molluscs. Regulation 6(2) provides a prohibition and a requirement in the following terms—
1.3 “...a ship—
a. must not bear an organotin compound which acts as a biocide in anti-fouling systems on its hull or another external part or surface; or
b. must bear a coating which forms a barrier to prevent an organotin compound, which acts as a biocide, leaching from the anti-fouling system containing that substance.”
1.4 Given that paragraph (a) prohibits anti-fouling systems that contain a biocide organotin compound, the Committee was unclear how the requirement in paragraph (b) that anti-fouling systems containing a biocide organotin compound must include a barrier to prevent leaching could arise. The Committee asked the Department for Transport to explain.
In a memorandum printed at Appendix 1, the Department explains that the intention was that regulation 6 should cover alternative, mutually exclusive cases. The Committee understands this to mean that the intention is that ships should not have anti-fouling systems that contain a biocide organotin compound, but if a ship does have such an anti-fouling system there should be a barrier to prevent leaching. However, the way that regulation 6(2) is drafted and structured does not clearly capture this intention. The Committee also noted that breaching regulation 6(2) can be an offence and result in a ship being detained (regulation 12 and 13). Accordingly, the Committee would expect particular clarity in how this provision is drafted and notes that the Department has undertaken to correct this error as soon as possible. The Committee accordingly reports regulation 6(2) for defective drafting, acknowledged by the Department.
Procedure: Made negative
2.1 The Committee draws the special attention both Houses to these Regulations on the ground that they are defectively drafted in one respect.
2.2 These Regulations make amendments to the Boiler Upgrade Scheme (England and Wales) Regulations 2022 which allow for applications to be made for boiler upgrade grants. These amendments include changes to the information required when making grant applications. Regulation 25 provides that any grant applications properly made before these Regulations come into force are not affected by the amendments. The Committee noticed that the 2022 Regulations provide specific definitions of the terms “grant application” and “properly made” which are not referred to in this instrument and asked the Department of Energy Security and Net Zero to explain.
2.3 In a memorandum printed at Appendix 2, the Department explains that the intention was that regulation 25 would be read consistently with the 2022 Regulations but accepts there is no express link with this instrument. The Department goes onto say that it considers the policy intention is clear, but that it will amend the instrument at the next available opportunity.
2.4 Where an instrument is relying on a term that is defined elsewhere in legislation, an express definition or cross-reference is likely to be necessary for the relevant concepts to be carried into the instrument (the main exception being terms defined in the enabling Act – see section 11 of the Interpretation Act 1978). In the 2022 Regulations a grant application is only properly made when it includes the required information. To achieve with certainty the result that grant applications made (with all the necessary information) before this instrument comes into force continue to operate under the unamended 2022 Regulations, it would have been better to include wording making an express link to the meaning of those terms. The Committee accordingly reports regulation 25 for defective drafting, acknowledged by the Department.
At its meeting on 16 October 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.
S.I. Numbers |
S.I. Title |
S.I. 2024/833 |
Syria (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/834 |
Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2024 |
S.I. 2024/872 |
Infected Blood Compensation Scheme Regulations 2024 |
S.I. 2024/900 |
Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2024 |
S.I. 2024/944 |
Iran (Sanctions) (Amendment) Regulations 2024 |
S.I. Numbers |
S.I. Title |
Draft |
European Forest Institute (Immunities and Privileges) Order 2024 |
Draft |
Human Fertilisation and Embryology (Amendment) Regulations 2024 |
Draft |
Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024 |
Draft |
Armed Forces Act 2006 (Continuation) Order 2024 |
Draft |
Financial Services and Markets Act 2000 (Ombudsman Scheme) (Fees) Regulations 2024 |
Draft |
Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2024 |
Draft |
Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2024 |
Draft |
Information Sharing (Disclosure by the Registrar) Regulations 2024 |
Draft |
Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2024 |
Draft |
Renewable Transport Fuel Obligations (Sustainable Aviation Fuel) Order 2024 |
Draft |
Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024 |
Draft |
Human Medicines (Amendments Relating to Naloxone and Transfers of Functions) Regulations 2024 |
Draft |
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024 |
Draft |
Carbon Dioxide Transport and Storage (Determination of Turnover for Penalties) Regulations 2024 |
Draft |
Contracts for Difference (Electricity Supplier Obligations) (Amendment) Regulations 2024 |
Draft |
Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2024 |
Draft |
Insurance and Reinsurance Undertakings (Prudential Requirements) (Amendment and Miscellaneous Provisions) Regulations 2024 |
Draft |
Communications Act 2003 (Disclosure of Information) Order 2024 |
Draft |
Franchising Schemes (Franchising Authorities) (England) Regulations 2024 |
Draft |
Vehicle Emissions Trading Schemes (Amendment) Order 2024 |
Draft |
Scotland Act 1998 (Specification of Devolved Tax) (Building Safety) Order 2024 |
Draft |
Animal Welfare (Livestock Exports) Enforcement Regulations 2024 |
Draft |
Immigration and Nationality (Fees) (Amendment) Order 2024 |
Draft |
Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024 |
Draft |
Packaged Retail and Insurance-based Investment Products (Retail Disclosure) (Amendment) Regulations 2024 |
Draft |
Prudential Regulation of Credit Institutions (Meaning of CRR Rules and Recognised Exchange) (Amendment) Regulations 2024 |
Draft |
Reporting on Payment Practices and Performance (Amendment) (No. 2) Regulations 2024 |
Draft |
Securitisation (Amendment) (No. 2) Regulations 2024 |
Draft |
Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 |
S.I. Numbers |
S.I. Title |
S.I. 2024/538 |
Civil and Family Proceedings Fees (Amendment) Order 2024 |
S.I. 2024/570 |
Merchant Shipping (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2024 |
S.I. 2024/571 |
Online Safety Act 2023 (Pre-existing Part 4B Services Assessment Start Day) Regulations 2024 |
S.I. 2024/579 |
Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 |
S.I. 2024/590 |
Aviation Security (Amendment) Regulations 2024 |
S.I. 2024/594 |
Insurance and Reinsurance Undertakings (Prudential Requirements) (Transitional Provisions and Consequential Amendments) Regulations 2024 |
S.I. 2024/595 |
Civil Procedure (Amendment No. 2) Rules 2024 |
S.I. 2024/598 |
Registration of Births, Deaths, Marriages and Civil Partnerships (Fees and Records) (Amendment) Regulations 2024 |
S.I. 2024/602 |
Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/603 |
Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 |
S.I. 2024/608 |
Official Controls (Establishment Lists) (Revocation) Regulations 2024 |
S.I 2024/610 |
Phytosanitary Conditions (Amendment) Regulations 2024 |
S.I. 2024/611 |
Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations 2024 |
S.I. 2024/622 |
Insolvency (England and Wales) (Amendment) Rules 2024 |
S.I. 2024/624 |
Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) (Amendment) Regulations 2024 |
S.I. 2024/626 |
Insolvency Proceedings (Monetary Limits) (Amendment) Order 2024 |
S.I. 2024/637 |
Merchant Shipping (Carriage of Cargoes) Regulations 2024 |
S.I. 2024/638 |
Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024 |
S.I. 2024/640 |
Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2024 |
S.I. 2024/641 |
Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2024 |
S.I. 2024/642 |
Green Gas Support Scheme (Amendment) Regulations 2024 |
S.I. 2024/644 |
Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 |
S.I. 2024/645 |
Building (Amendment) (England) Regulations 2024 |
S.I. 2024/647 |
Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 |
S.I. 2024/654 |
Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2024 |
S.I. 2024/666 |
Separation of Waste (England) Regulations 2024 |
S.I. 2024/668 |
Cremation, Coroners and Notification of Deaths (England and Wales) (Amendment) Regulations 2024 |
S.I. 2024/669 |
Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/670 |
Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) (No. 2) Order 2024 |
S.I. 2024/683 |
M621 Motorway (Speed Limit) Regulations 2024 |
S.I. 2024/700 |
Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Seagreen) (Scotland) Order 2024 |
S.I. 2024/702 |
Glue Traps (Licensing) Regulations 2024 |
S.I. 2024/717 |
Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/719 |
Financial Services and Markets Act 2000 (Commodity Derivatives and Emission Allowances) (Amendment) Order 2024 |
S.I. 2024/723 |
Immigration (Exemption from Control) (Amendment) Order 2024 |
S.I. Numbers |
S.I. Title |
S.I. 2024/725 |
Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2024 |
S.I. Numbers |
S.I. Title |
S.I. 2024/108 |
Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2024 |
S.I. 2024/568 |
Judicial Review and Courts Act 2022 (Commencement No. 6) Regulations 2024 |
S.I. 2024/585 |
Deregulation Act 2015 (Growth Duty Guidance) Order 2024 |
S.I. 2024/596 |
Civil Partnership Records (Revocation) Regulations 2024 |
S.I. 2024/620 |
Financial Services and Markets Act 2023 (Commencement No. 6) Regulations 2024 |
S.I. 2024/625 |
Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024 |
S.I. 2024/639 |
Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024 |
S.I. 2024/653 |
Parking (Code of Practice) Act 2019 (Commencement) Regulations 2024 |
S.I. 2024/662 |
British Wool Marketing Scheme (Amendment) Order 2024 |
S.I. 2024/664 |
Ivory Act 2018 (Commencement No. 3) Regulations 2024 |
S.I. 2024/678 |
Animal Welfare (Livestock Exports) Act 2024 (Commencement) (England) Regulations 2024 |
S.I. 2024/693 |
Parliamentary Elections (Returning Officers’ Charges) Order 2024 |
S.I. 2024/714 |
Retained EU Law (Revocation and Reform) Act 2023 (Commencement No. 2 and Saving Provisions) Regulations 2024 |
1. The Committee has asked Department for Transport for a memorandum on the following point(s):
Given that regulation 6(2)(a) prohibits a ship bearing an organotin compound which acts as a biocide in anti-fouling systems on its hull or another external part or surface, explain when the requirement in regulation 6(2)(b) to have a barrier to prevent an organotin compound, which acts as a biocide, leaching from the antifouling system arises (noting that regulation 12(1)(a) makes it an offence not to comply with that requirement).
2. The requirement in regulation 6(2)(b) to have a barrier coating arises if an organotin compound which acts as a biocide is retained in a ship’s anti-fouling system. Regulation 6(2)(a) and (b) are intended to make provision for alternative, mutually exclusive, cases so ships are either prohibited from using organotin compounds which act as a biocide in their anti-fouling system, or ships are required to have a barrier coating to prevent the leaching of such compounds from anti-fouling systems.
3. The Department, however, accepts that the requirement in regulation 6(2)(b) is in effect a detraction from the prohibition in regulation 6(2)(a) and that this requires elucidation. The Department will therefore make an amendment to correct this error as soon as possible.
Department for Transport
21 May 2024
1. The Committee has asked the Department of Energy Security and Net Zero for a memorandum on the following point(s):
Explain what is meant in regulation 25 by a “grant application” that was “properly made”, noting that those terms are defined in S.I. 2022/565 but are undefined in this instrument.
2. The intention is that this provision would be read consistently with the definitions contained in S.I. 2022/565 i.e., the substantive regulations that are being amended by the current S.I. 2024/524.
3. The drafting of S.I. 2024/524 does not make this express link.
4. The Department is grateful to the Committee for pointing this out and, although the Department considers that the policy intention is clear, it will amend the provision at the next available opportunity.
Department of Energy Security and Net Zero
20 May 2024
Sir Bernard Jenkin, in the Chair
Lewis Atkinson
Lord Beith
Lords Chartres
Mark Ferguson
Claire Hughes
Charlie Maynard
Gordon McKee
Lord Meston
Julie Minns
Lord Sahota
Baroness Sater
Lord Watson of Wyre Forest
Draft Report (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 2.4 read and agreed to.
Annex agreed to.
Papers were appended to the Report as Appendices 1 to 2.
Resolved, That the Report be the 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.
Adjourned till Wednesday 23rd October at 3.40 p.m.