Fourth Report
Overview of Activity this week
1. The draft Compensation (Exemptions) Order
2006 is linked to the Compensation (Regulated Claims Management
Services) Order (and two related instruments) drawn to the attention
of the House in our 2nd Report and debated on 5 December (HL Deb
cols GC1-10). The question of who should and should not be included
in the scope of the scheme was discussed in some detail, and concerns
were expressed about brokers, solicitors and car body shop businesses.
Members may therefore wish to note that the draft Order considered
this week specifically addresses who should be exempt, primarily
with the intention of avoiding duplication where the person offering
the service is already regulated by the Financial Services Authority
or is a legal practitioner. It also proposes exempting certified
Trade Unions (subject to their compliance with a Code of Practice)
and not-for-profit organisations.
2. The Immigration (Certificate of Entitlement
to Right of Abode in the United Kingdom) Regulations 2006 (SI
2006/3145) formalise in regulations a system that has been
operating for 30 years. The instrument regulates the procedure
for applying for a certificate of entitlement to the right of
abode in the UK and, in the Schedule, eligibility for it. The
changes aim to make the process more objective. Since the aim
is to reduce the possibility of fraud, alongside the procedural
changes, the design of the certificate itself is also being changed
to incorporate a number of additional security features.
3. The Controlled Drugs (Supervision of Management
and Use) Regulations 2006 (SI 2006/3148) respond to the findings
of the Shipman Inquiry and aim to ensure that the management of
controlled drugs is tightened up to reduce the risk of their illegal
diversion and the risk of harm to patients. The regulations also
introduce a requirement for information sharing, so that monitoring
may be undertaken and intervention targeted at an earlier stage.
We note that regulation 21 allows officials of designated bodies
to enter and inspect private dwellings without the presence of
a constable or a warrant. Although limited to private dwellings
which are also used as a care home or registered with a Primary
Care Trust to provide primary medical or dental services, such
provision is both significant and sensitive.
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