Other instruments of interest
29. Several instruments laid this week develop
the regime established by the Gambling Act 2005. The format and
process for obtaining premises licences are set out in the Gambling
Act 2005 (Premises Licences and Provisional Statements) Regulations
(SI 2007/459) with an affirmative instrument, the draft
Gambling Act 2005 (Mandatory and Default Conditions) (England
and Wales) Regulations 2007, to specify conditions
which will or may apply to those premises. They are accompanied
by the Gambling (Premises Licence Fees) (England and Wales)
Regulations 2007 (SI 2007/479) which, in their evolution,
have been controversial with both the industry and the local authorities.[2]
30. Although we do not draw them to the special
attention of the House, we considered the Traffic Management
(Guidance on Intervention Criteria) (England) Order 2007 (SI 2007/339)
to be over-elaborate and were not convinced that the benefits
of the exercise will justify the resources expended on it.
31. The Greenhouse Gas Emissions Trading Scheme
(Amendment) Regulations 2007 (SI 2007/465) amend the Greenhouse
Gas Emissions Trading Scheme Regulations 2005 which, in providing
a framework for a greenhouse gas emissions trading scheme, implemented
a European Directive (2003/87/EC). The amendment is necessary
in order to allow the Government to sell or auction allowances
as laid out in the UK's Phase I National Allocation Plan (published
in May 2005). The 2005 Regulations provided no power to do so.
32. The final draft of the Mental Capacity
Act 2005 Code of Practice has now been laid before the House
for 40 days' consideration. The Code will play a significant role
in protecting those who lack the mental capacity to make decisions,
as professionals and others caring for them will be under a formal
duty to have regard to its provisions. A draft was published to
accompany the introduction of the Bill in June 2004. After the
Act received Royal assent in April 2005, a series of consultation
events were held to review the draft and take into account suggestions
that had been made during the passage of the Bill. A revised draft
was published for public consultation in 2006 and further comments
on the style and content of the Code have been taken on board:
for example, the legal priority when the Mental Health Act 1983
also applies, and the role of Independent Mental Capacity Advocates
(IMCAs), have been clarified; and a new chapter on communication
to help people make decisions for themselves has been added. As
a result, feedback on the final draft from key groups, including
the General Medical Council and Mind, has been positive. This
is good legislative process and has been transparent and inclusive
in its approach.
2 Members may also wish to note the draft Gambling
Act 2005 (Exclusion of Children from Track Areas) Order 2007,
Gambling Act 2005 (Family Entertainment Centre Gaming Machine)
(Permits) Regulations 2007 (SI 2007/454), Gambling Act 2005 (Prize
Gaming) (Permits) Regulations 2007 (SI 2007/455) and Horse Racing
(Charges on Bookmakers) Order (Northern Ireland) SR 83/2007
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