Select Committee on Merits of Statutory Instruments Sixteenth Report


Other instruments of Interest

17.  Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc.) Regulations 2007 (SI 2007/694) set out fees, and frequencies, for OFSTED inspections of children's homes and other establishments. We were pleased to see that the Government had sought the views of children in preparing their proposals for inspection frequencies, and that, in line with those views, there will be no change in the inspection frequency for children's homes in 2007-08. The Department for Education and Skills have however advised us that decisions about the inspection frequency for children's homes in 2008-09 have not yet been reached. We trust that proper weight will be given to children's views when such decisions come to be taken.

18.  DfES have laid the Childcare (Supply and Disclosure of Information) (England) Regulations 2007 (SI 2007/722), the Childcare (Disqualification) Regulations 2007 (SI 2007/723), and the Childcare (Voluntary Registration) Regulations 2007 (SI 2007/730). All three are part of a series of instruments being brought forward to implement the Childcare Act 2006. SI 2007/722 provides for provision for the disclosure by OFSTED of prescribed information about childcare providers who have registered voluntarily under the 2006 Act. SI 2007/723 sets out the categories of persons who are disqualified from registration in England as providers of early years or later years childminding or other early years or later years provision. SI 2007/730 contains provisions relating to the voluntary registration of childminders and other providers of childcare.

19.  The Charities Act 2006 (Interim changes in threshold for registration of small charities) Order 2007 (SI 2007/789), raises to £5,000 the gross income threshold above which small charities are required to register with the Charity Commission. It also removes the current requirements for charities that hold permanent endowments, or use or occupy land, to register regardless of their income. The changes brought about by this Order are expected to relieve 38,000 small charities from the need to be registered although all these charities would remain within the Charity Commission's regulatory jurisdiction whether they were registered or not. Many small charities prefer to be registered and for the time being can continue to be, on a voluntary basis. However, a wider review and simplification process that was promised during the passage of the Charities Act 2006 will commence in the autumn: this will once again consider the appropriate threshold for registration.

20.  The Ticket Touting (Designation of Football Matches) Order 2007 (SI 2007/790) widens the definition of a designated association football match, for the purposes of the football ticket touting legislation in the Criminal Justice and Public Order Act 1994, to include all matches in which an English or Welsh club side or national team could participate. This is necessary to avoid ticket touting for matches which would otherwise only become regulated matches once the competing teams are known. Examples would be tickets for future Cup Finals and other prestigious matches, or tickets for matches in international tournaments (e.g. the World Cup) before it is known whether or not an English or Welsh club or national side has qualified. Specific ticket touting legislation is required for football matches because of the importance of segregation in reducing the potential for disorder among rival fans. This change will coincide with the commencement of provision in the Violent Crime Reduction Act 2006 which update ticket touting provisions to cover unauthorised internet ticket sales and other ticket touting practices designed to avoid prosecution under the current legislation.

21.  The Department for Environment, Food and Rural Affairs (DEFRA) have laid the Undersized Bass Order 2007 (SI 2007/809) and the Undersized Bass (Revocation) Order 2007 (SI 2007/857). SI 2007/809 was laid before Parliament on 15 March, to come into force on 6 April. The effect of the Order was to increase the minimum landing size (MLS) for sea bass to 40 cm, in the interests of sustainable management. SI 2007/857 was laid on 15 March and comes into force on 5 April: it revokes SI 2007/809 with the consequence that the Government are not in fact reducing the MLS as proposed in the first Order. DEFRA have given a full explanation to the Committee of the background to the laying and revocation of the first Order, which resulted from a misunderstanding over the effect of a Ministerial signature.

Draft Gambling (Geographical Distribution of Casino Premises Licences) Order 2007

22.  We drew the special attention of the House to the draft Gambling (Geographical Distribution of Casino Premises Licences) Order 2007 in our 13th Report (HL Paper 67-I). The Secretary of State for Culture, Media and Sport and the Chairman of the Casino Advisory Panel have now responded by means of letters to the Chairman, printed at the Appendix.


 
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