Other instruments of interest
25. The Department for Environment, Food and
Rural Affairs (DEFRA) have made the Commons (Registration of
Town or Village Greens) (Interim Arrangements) (England) Regulations
2007 (SI 2007/457), under powers in the Commons Act 2006 ("the
2006 Act"). The registration of greens was the subject of
much debate during the parliamentary stages of the 2006 Act.
Section 15 of the Act provides a power which for the first time
enables the owner of land to apply to register it voluntarily
as a green. Part 1 of the 2006 Act includes a number of other
changes to registration arrangements, which the Government intend
to introduce on a phased basis from 2008 onwards. These include
new arrangements for the determination of applications for the
registration of greens, which may include provision for disputed
applications to be referred to a person appointed from an independent
panel. As an interim arrangement, SI 2007/457 enables applications
to register land using the new criteria under section 15 of the
2006 Act, but adopting procedures similar to those which apply
under earlier legislation (the Commons Registration Act 1965).
26. The Department for Education and Skills (DfES)
have made the Childcare Act 2006 (Childcare Assessments) Regulations
2007 (SI 2007/463), using powers in the Childcare Act 2006
("the 2006 Act"). Section 11 of the 2006 Act places
a duty on English local authorities to prepare an assessment of
the sufficiency of childcare provision in their area. SI 2007/463
sets out the content, criteria for preparation, and form and manner
of publication of such assessments, and also specifies the bodies
and individuals that local authorities must consult in preparing
assessments. Stressing the importance of the Section 11 duty,
DfES have said that "working with providers from the private,
voluntary, independent and maintained sectors, [local authorities
will] look to shape and support a strong, sustainable and diverse
childcare market that meets the needs of parents." We note
the commitment given in the accompanying Regulatory Impact Assessment
that, "although there is no statutory basis for reviewing
implementation of the Childcare Sufficiency Assessments duty the
Government will seek to review its implementation on a continued
basis in order to assess the extent to which the original aims
and objectives have been successfully met." We welcome this
commitment, and expect that Parliament will be kept informed about
this review.
27. The Cattle Identification Regulations
2007 (SI 2007/529) effect a welcome consolidation of a number
of instruments made since 1998 to implement European regulations
establishing a system of identification and registration for cattle.
They also make two major changes to current procedures: stopping
the use of temporary identification or movement documents ("passports")
for calves, and enabling late birth registrations to be supported
by DNA test evidence for the issue of a passport. Among minor
changes made is the abolition of the existing fee of £50
for a replacement cattle passport, and a provision that the Secretary
of State may instead set an appropriate fee to be publicised on
DEFRA's website. DEFRA have said that the new fee will cover administrative
costs only, and is likely to be set at £20. The Committee
questions whether the flexibility available to the Secretary of
State under the new provision will in fact cause uncertainty to
those liable to pay the fee.
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