This is a Joint Committee report.
Joint Committee on Statutory Instruments
Date Published: Friday 29 November 2024
At its meeting on 27 November 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 one of those considered. The instrument and the grounds for reporting are given below. The relevant departmental memorandum is published as an appendix to this report.
Procedure: Made negative
1.1 The Committee draws the special attention of both Houses to these Rules on the grounds that they are defectively drafted in one respect and fail to comply with proper legislative practice in another related respect.
1.2 These Rules amend the Parole Board Rules 2019. Rule 1(4) includes a definition of “the 2024 Act” which is not used in this instrument. Paragraph 5.8 of the Explanatory Memorandum states that rule 27(8) of the 2019 Rules has been amended to reflect the legislative basis for a new Victims Code. However, there is no such amendment in this instrument. The Committee asked the Ministry of Justice to explain the unused definition and the absence of amendment to rule 27(8).
1.3 In a memorandum printed at Appendix 1, the Department explains that the instrument originally included an amendment to rule 27(8) to reflect the new Victims Code and the definition of “the 2024 Act” was used in that amendment. However, the amendment was removed because the Department considered it unnecessary; but the definition was not. In the Committee’s view, unused definitions can cause confusion because the reader can be misdirected about the definitions that need to be understood to interpret an instrument. The Department undertakes to remove the definition at the next available opportunity. The Committee accordingly reports rule 1(4) for defective drafting, acknowledged by the Department.
1.4 Linked to this, the Department also explains that paragraph 5.8 of the Explanatory Memorandum was included in error. The Committee notes that Explanatory Memoranda prepared by Departments help both Parliament and the wider public understand what is intended by a particular instrument. Furthermore, they enable the Committee to assess whether the instrument achieves the policy intention and so whether it is technically effective. The Department undertakes to correct the Explanatory Memorandum as soon as possible. The Committee accordingly reports paragraph 5.8 of the Explanatory Memorandum for failure to comply with proper legislative practice, acknowledged by the Department.
At its meeting on 27 November 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. Number |
S.I. Title |
Draft S.I. |
Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024 |
Draft S.I. |
Electricity Capacity Mechanism (Amendment) Regulations 2024 |
S.I. Number |
S.I. Title |
S.I. 2024/1023 |
The Child Trust Funds (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/1028 |
The Sea Fisheries (Amendment) (No. 2) Regulations 2024 |
S.I. 2024/1037 |
The School Teachers’ Pay and Conditions (England) Order 2024 |
S.I. 2024/1044 |
The Employment Appeal Tribunal (Amendment) Rules 2024 |
S.I. 2024/1046 |
The Regulation of Premium Rate Services Order 2024 |
S.I. 2024/1047 |
The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office of Communications) Regulations 2024 |
S.I. 2024/1049 |
The Internet Domain Registry (Prescribed Practices and Prescribed Requirements) Regulations 2024 |
S.I. 2024/1051 |
The Critical Benchmarks Regulations 2024 |
S.I. 2024/1055 |
The Price Marking (Amendment) Order 2024 |
S.I. 2024/1056 |
The Internet Television Equipment Regulations 2024 |
S.I. 2024/1060 |
The Court Martial Appeal Court (Amendment) Rules 2024 |
S.I. 2024/1064 |
The Medical Certificate of Cause of Death (Amendment) Regulations 2024 |
S.I. 2024/1067 |
The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2024 |
S.I. Number |
S.I. Title |
S.I. 2024/1000 |
The Levelling-up and Regeneration Act 2023 (Commencement No. 5 and Transitional Provision) Regulations 2024 |
S.I. 2024/1026 |
The Budget Responsibility Act 2024 (Commencement) Regulations 2024 |
S.I. 2024/1032 |
The Armed Forces Act 2016 (Commencement No. 5) Regulations 2024 |
S.I. 2024/1033 |
The Media Act 2024 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2024 |
S.I. 2024/1050 |
The Public Order Act 2023 (Commencement No. 5) (England and Wales) Regulations 2024 |
S.I. 2024/1071 |
The Financial Services and Markets Act 2023 (Commencement No. 8) Regulations 2024 |
S.I. 2024/1100 |
The Free Zone (Customs Site No. 5 Liverpool) Designation Order 2024 |
S.I. 2024/1102 |
The Free Zone (Customs Site No. 6 Liverpool) Designation Order 2024 |
S.I. 2024/1103 |
The Free Zone (Customs Site No. 4 Liverpool) Designation Order 2024 |
1. The Committee has asked the Ministry of Justice for a memorandum on the following point(s):
1. Why these Rules do not appear to make the amendment referred to in paragraph 5.8 of the Explanatory Memorandum; and
2. Whether the unused definition of “the 2024 Act” (article 1(4)(b)) was intended to be used in that amendment.
2. The amendment referred to in paragraph 5.8 of the Explanatory Memorandum was an amendment that was originally part of the S.I. but was removed during the drafting process as it was considered unnecessary.
3. The definition of “the 2024” Act in article 1(4)(b) was used in the removed amendment.
4. The relevant amendment was purposefully removed but regretfully, the reference in the Explanatory Memorandum and the definition were left in in error. The Department apologises for these errors and will amend the Explanatory Memorandum as soon as possible and remove the definition from the Rules at the next available opportunity.
Ministry of Justice
19 November 2024
Sir Bernard Jenkin, in the Chair
Lewis Atkinson
Lord Beith
Lord Chartres
Mark Ferguson
Claire Hughes
Charlie Maynard
Gordon McKee
Lord Meston
Lord Sahota
Baroness Sater
Lord Watson of Wyre Forest
Draft Report (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 1.4 read and agreed to.
Annex agreed to.
A paper was appended to the Report as Appendix 1.
Resolved, That the Report be the 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.
Adjourned till Wednesday 4 December at 3.40 p.m.