Other instruments of interest
19. The Draft Mutilations (Permitted Procedures)
(England) Regulations 2007, Draft Welfare of Animals (Miscellaneous
Revocations) (England) Regulations 2007, and Draft Docking
of Working Dogs' Tails (England) Regulations 2007, laid by
the Department for Environment, Food and Rural Affairs (DEFRA),
are closely related and result from the Animal Welfare Act 2006.
Section 5 of that Act makes it an offence to mutilate an animal
subject to any exceptions to be set out in regulations. The draft
Mutilations etc. Regulations contain those exceptions; the draft
Welfare etc. Regulations revoke existing provisions that are being
replaced by provisions in the Mutilations etc. Regulations. Section
6 of the Act provides for a ban on the docking of dogs tails other
than for their medical treatment, with an exemption for prophylactic
docking for certain working dogs. The draft Docking etc. Regulations
set out which dogs will be exempt from the ban, and how they will
be certified and identified. DEFRA received some 50 responses
to a consultation process covering these Regulations, and have
made some changes to the instruments as a result.
20. The Draft Producer Responsibility Obligations
(Packaging Waste) Regulations 2007 amend Regulations laid
in 2005 which set annual business targets for recovery and recycling
of packaging waste designed to enable the UK to meet targets in
an EC Directive. The 2005 Regulations consolidated several
earlier SIs. DEFRA have laid the 2007 Regulations to correct
errors which arose in the process of consolidation, and also to
make other changes intended to provide clarity on points which
are causing some confusion to industry. DEFRA carried out a consultation
process on the changes in November 2006; 53 responses were received.
As the Regulatory Impact Assessment accompanying the Regulations
makes clear, respondents generally supported the changes, although
levels of support for individual proposals varied between 100%
and 52%.
21. The Draft Companies Act 2006 (Commencement
No. 2, Consequential Amendments, Transitional Provisions and Savings)
Order 2007, laid by the Department of Trade and Industry (DTI),
serves a limited number of purposes. These include bringing into
force Part 28 and other related provisions of the Companies Act
2006 connected with implementation of the European Takeovers Directive.
The Companies Acts (Unregistered Companies) Regulations 2007
(SI 2007/318) extend specified provisions of the 2006 Act
to unregistered companies, and are designed to give full effect
to implementation of the Directive alongside commencement of Part
28 of the Act. The Directive was required to be implemented by
20 May 2006. As the 2006 Act had not by then completed its Parliamentary
passage, DTI laid the Takeovers Directive (Interim Implementation)
Regulations 2006 (SI 2006/1183), which we drew to the special
attention of the House in our 34th of Session 2005-06. That instrument
is revoked by this draft Order.
22. The Contaminants in Food (England) Regulations
2007 (SI 2007/210) make provision for the enforcement
of Commission Regulation (EC) 1881/2006 which sets maximum limits
for certain contaminants in food. This new Commission Regulation
replaces (EC) 466/2001 which has applied since April 2002 and
been amended 18 times. The new Commission Regulation consolidates,
clarifies and simplifies the existing regime of contaminants limits,
which we commend as good legislative practice.
23. Under the Finance Act 2004, tax privileges
are not available to pension scheme members aged over 75. The
Parliamentary Pensions (Amendment) Regulations 2007 (SI 2007/270)
amend the Parliamentary Pension Scheme now to provide an option
for all scheme members to cease participation in the scheme at
75 despite continuing as a Member of the House of Commons, a Minister
or other office holder. The lump sum is available immediately
and the accrued pension is abated (suspended) until final retirement.
The Regulations also enable a second pensioner (who is entitled
to a pension in respect of service as a Member of the House of
Commons) to be appointed as a trustee of the scheme.
24. The Construction (Design and Management)
Regulations 2007 (SI 2007/320) are also an example of good
practice. The operation of the original Regulations, the Construction
(Design And Management) Regulations 1994 (SI 1994/3140), was reviewed
in 2002 and feedback indicated that some elements were unnecessarily
complex and bureaucratic. The new Regulations have been developed
in consultation with the industry to address these problems. They
are also simplified and combined with the Construction (Health
Safety and Welfare) Regulations 1996 into a single consolidated
regulatory package. They are supported by an Approved Code of
Practice and industry-approved guidance. We commend the HSE for
seeking to make regulation more effective and informing their
policy-making by evaluating how the system has been working.
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