Instruments of interest
DRAFT EUROPEAN PARLIAMENT (NUMBER OF MEPS AND DISTRIBUTION
BETWEEN ELECTORAL REGIONS) (UNITED KINGDOM AND GIBRALTAR) ORDER
2008
1. This Order implements a number of consequential
amendments following the Luxembourg Treaty of 2005, which provided
for the accession of Bulgaria and Romania to the European Union.
The Order reduces the United Kingdom's total allocation of MEP
seats from 78 to 72 and amends section 1(3) of the European Parliamentary
Elections Act 2002 which specifies how the seats allocated to
the UK are distributed across the electoral regions. These amendments
will apply to the European elections due to be held in 2009.
DRAFT PARLIAMENTARY CONSTITUENCIES AND ASSEMBLY ELECTORAL
REGIONS (WALES) (AMENDMENT) ORDER 2008
2. The Order gives effect, without modification,
to the report of the Boundary Commission for Wales dated 31 January
2008 (HC 588) which recommended that there be an alteration in
the boundary between Neath County Constituency and Brecon and
Radnorshire County Constituency; and a corresponding alteration
in the boundary between the South West Wales Assembly electoral
region and the Mid and West Wales Assembly electoral region. The
changes will come into effect at the next general election.
DRAFT IMMIGRATION (BIOMETRIC REGISTRATION) REGULATIONS
2008
DRAFT IMMIGRATION (BIOMETRIC REGISTRATION) (CIVIL
PENALTY CODE OF PRACTICE) ORDER 2008
3. These instruments are made under the biometric
registration provisions of the UK Borders Act 2007 to enable the
Secretary of State to issue identity cards for foreign nationals
subject to immigration control. Rollout of the card to all foreign
nationals is being undertaken on an incremental basis. These first
Regulations impose the requirement to apply for the card only
on those who apply for leave to remain in specified marriage,
partner and student categories under the Immigration Rules, and
on dependants applying at the same time as the principal applicant.
These groups were selected on the basis of evidence that these
categories are susceptible to abuse by those who seek to breach
the UK's immigration laws. Where an application for leave to remain
is successful, the applicant will be issued with an identity card
embedded with a chip that contains an electronic record of the
person's photograph and fingerprints, and other biographical information.
4. Where a person fails to comply with a requirement
made under these Regulations, the Secretary of State may impose
a sanction which may include a refusal to issue the biometric
immigration document, disregarding or refusing the person's application
for leave to remain, curtailment of existing leave and the imposition
of a civil penalty notice. These sanctions are set out in the
Civil Penalty Code of Practice which will be brought into effect
by the Order.
5. The Committee notes that this extension of
the scheme follows very rapidly on the pilot scheme in Croydon
that was set up by the Immigration (Biometric Registration) (Pilot)
Regulations 2008 (SI 2008/1183) and which only came into effect
on 26 April. The House may wish to enquire why the scheme is being
extended nationally before a formal evaluation has been published
on lessons learned from the pilot.
DRAFT MENTAL CAPACITY ACT 2005 CODE OF PRACTICE SUPPLEMENT
ON THE DEPRIVATION OF LIBERTY SAFEGUARDS
6. The series of instruments to implement the
changes made to the Mental Capacity Act 2005 by the Mental Health
Act 2007 continues with this supplement to the Code of Practice
mentioned in our 20th Report. It provides, in a well-presented
format, information and guidance on how the deprivation of liberty
safeguards will work in practice. The Code forms a key part of
the Government's response to the European Court of Human Rights
Judgment in the Bournewood case[1]
which found a need to improve the safeguards for those individuals
who lack the capacity to consent to the arrangements made for
their care or treatment to ensure that they are not arbitrarily
detained. Although it is the intention that the relevant person
as well his or her representatives will be kept informed at all
stages of the process, the Code does not always make this explicit
and the Department have undertaken to address this in subsequent
guidance. The new deprivation of liberty safeguards are due to
come into effect in April 2009.
WHOLE OF GOVERNMENT ACCOUNTS (DESIGNATION OF BODIES)
ORDER 2008 (SI 2008/1440)
7. HM Treasury have laid this Order, which identifies
the bodies to be included in the consolidated Whole of Government
Accounts (WGA) for the year ending 31 March 2008. The Government
Resources and Accounts Act 2000 requires HM Treasury to prepare
a WGA which can include any body which either exercises functions
of a public nature or which is entirely or substantially funded
from public money. WGA will therefore include all bodies within
central government, local government, public broadcast authority,
public corporation and health sectors during the period covered
by the accounts. The Committee noted that the Schedule to the
Order does not include Northern Rock plc. We have been advised
by HM Treasury that, while no formal decision has yet been taken
in the matter, any decision to include the company's accounts
in the WGA for the financial year 2009-10, the year for which
WGA will be published for the first time, will be dependent on
whether the company is still in public ownership and will be made
nearer the time.
1 (2004) 40 ECHR 761 Back
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