Nineteenth Report
Instruments of interest
1. The Department of Trade and Industry (DTI)
have made the Hallmarking Act 1973 (Amendment) Regulations
2007 (SI 2007/872) and the Hallmarking Act 1973 (Exemption)
(Amendment) Regulations 2007 (SI 2007/880). SI 2007/872 widens
the range of goods made from more than one precious metal that
may be hallmarked, and sets out the requirements that must be
followed when striking the hallmarks. SI 2007/880 extends to goods
made before 1950 an existing exemption from hallmarking for goods
of precious metal (gold and silver) which are not hallmarked and
which were made before 1920. The Explanatory Memoranda to both
instruments describe them as de-regulatory; while this seems appropriate
in the case of the exemption extended by SI 2007/880, the Committee
sought clarification from DTI about the application of the term
to the provisions of SI 2007/882. In essence, DTI have stressed
that the widening of hallmarking is a permissive measure, not
a restrictive one. They have added that "providing for trade
in goods where once trade was restricted to the point where it
did not exist to any appreciable extent is, albeit within the
compass of hallmarking regulation, a relaxation of regulation
on the trade".
2. The Department of Education and Skills (DfES)
have made the Education (Investigation of Parents' Complaints)
(England) Regulations 2007 (SI 2007/1089). As the Explanatory
Memorandum states, the Regulations describe the areas of complaint
which OFSTED may investigate using new discretionary powers provided
in the Education and Inspections Act 2006, under section 160 which
is concerned with complaints by parents about their child's school.
In the absence of details in the Explanatory Memorandum, we pressed
DfES to set out what steps were being taken to publicise these
new arrangements. We were told that OFSTED will publish full details
of the new complaints process on its website; that information
about the new powers has appeared in OFSTED Direct, an e-communication
aimed at primarily at schools; on DfES' own website; in the internal
OFSTED magazine; and in the newsletters of the National Confederation
of Parent Teacher Associations and of the National Governors'
Association. DfES also told us that OFSTED is considering the
distribution of a leaflet for parents, possibly through schools,
GP surgeries and libraries; and that further communication will
result from early monitoring and evaluation once the new arrangements
have been implemented.
3. The Gambling Act 2005 (Commencement and
Transitional Provisions) (Amendment) Order 2007 (SI 2007/1157)
implements a number of practical and policy changes that have
arisen since the Principal Commencement Order and the Transitional
Provisions Orders were made. The most significant of these, in
terms of policy, is the decision by Ministers to put back the
first day for licensing authorities to start taking advance applications
for premises licences from 30 April 2007 to 21 May 2007. This
was to ensure that licensing authorities have a full three months
to prepare to take on their new responsibilities under the 2005
Act from the time when all the relevant statutory instruments
were published.
4. The Criminal Defence Service (Funding)
Order (SI 2007/1174) provides for the remuneration of barristers
and solicitors in publicly funded criminal cases. It consolidates
and replaces the Criminal Defence Service (Funding) Order 2001
(SI 2001/855), and introduces changes to the graduated fee scheme
that applies to advocates in Crown Court cases. This is one of
the outcomes implementing the recommendations of Lord Carter's
review of Legal Aid. It is understood that the General Council
of the Bar and the Law Society are broadly content.
5. The Highway Code is routinely updated as changes
in statute occur, but, from time to time, it is subject to wider
revision; this was last done in 1999. The draft revised
Highway Code currently before the House adds new sections
on the use of powered wheel chairs and mobility scooters, a new
annex for learner and novice drivers, additional rules relating
to vehicles prohibited from using roads and pavements and information
about Home Zones, Quiet Lanes and high-occupancy vehicle lanes.
Following suggestions made in response to the consultation exercise,
the revised Code strengthens the wording on the use of cycle facilities
and on courtesy and consideration for other road users.
6. Earlier this year, after the Committee considered
Regulations laid by DfES dealing with parents' rights to object
to school admissions arrangements, we wrote to the Secretary of
State for Education about the importance of ensuring adequate
publicity in this area. The Secretary of State has now replied.
The correspondence is printed at the Appendix.
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