Select Committee on Merits of Statutory Instruments Seventeenth Report


Seventeenth Report


Instruments of interest

1.  The Department for Communities and Local Government (DCLG) have laid the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797). It applies to landlords who have let their property on an assured shorthold tenancy and taken a deposit as security, and prescribes the information that a landlord must give to a tenant in such cases. The Explanatory Memorandum states that 60% of consultation respondents considered that there should not be a requirement for a landlord to provide an inventory, and that, since the Government agree, inventories will not be prescribed. DCLG have separately published a summary of consultation responses, and this states that 60% of respondents in fact supported the proposal that an inventory should be agreed with the tenant. DCLG have acknowledged this discrepancy, but have assured the Committee that the issue has been extensively discussed with representative groups, notably with the Tenancy Deposit Protection Advisory Group which endorsed DCLG's view not to make an inventory part of the statutory information.

2.  The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 (SI 2007/930) will permit the police to arrest intruders in the 16 named Government sites and Royal Residences; the Palace of Westminster is also included. The Order responds to the police recommendations made following incidents in Windsor Castle and Buckingham Palace, where it proved impossible to prosecute the intruders, by making such intruders liable to a new offence of criminal trespass. Maps in the schedules to the Order designate the boundaries within which the power of arrest will apply: in relation to Parliament it includes the Palace and Portcullis House but not the Peers' car park or any of the buildings on the Millbank side of the road.

3.  The Smoke-free (Signs) Regulations 2007 (SI 2007/923) form the fifth and final part of the package of regulations which will come into effect on 1 July. We note the extensive consultation that took place in preparing these regulations and commend the Department of Health's pragmatic response to the issues raised in relation to the size and positioning of the notices so that much of the existing signage will be compliant.

4.  The Department of Finance and Personnel (Northern Ireland) have laid the Rates (Maximum Capital Value) Regulations (Northern Ireland) 2007 (SR 2007/184). The Regulations introduce a cap on rates liability for domestic properties in Northern Ireland, set at a capital value above £500,000. The Explanatory Memorandum states that the Government agreed to introduce this cap as a result of the St Andrews Agreement, giving confirmation of its intention when the House debated the Rates (Amendment) (Northern Ireland) Order 2006 (2006/2954) on 7 November 2006. The 21-day rule was breached in laying the Regulations to ensure that they take effect from 1 April 2007, the beginning of the rating year.


 
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