Select Committee on Merits of Statutory Instruments Twenty-Eighth Report


Twenty-eighth Report

Instruments drawn to the special attention of the house

The Committee has considered the following instruments and has determined that the special attention of the House should be drawn to them on the grounds specified.

A.  Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008 (SI 2008/2363)

Summary: These Regulations make a number of changes to existing provisions on Energy Performance Certificates (EPCs), including extending, from twelve months to three years, the validity period of the EPC for homes marketed for sale and therefore subject to Home Information Pack (HIP) requirements. We are left with the impression that the Government's decision to extend the validity period to three years (rather than the frequency of 10 years provided for in the relevant European Directive) is founded as much on administrative convenience as on considerations of the effectiveness of the mechanism itself. The Government will keep the position under review.

These Regulations are drawn to the special attention of the House on the ground that they give rise to issues of public policy likely to be of interest to the House.

1.  The Department for Communities and Local Government (DCLG) have laid these Regulations under section 2(2) of the European Communities Act 1972, sections 1(1), 35 and 47 of, and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to, the Building Act 1984, and section 163(9) of the Housing Act 2004. An Explanatory Memorandum (EM) and Impact Assessment (IA) have also been provided.

2.  The EM states that the Regulations make a number of detailed amendments to earlier statutory instruments[1] which implement in England and Wales the Energy Performance of Buildings Directive[2] ("the Directive"). The amendments concern the age of Energy Performance Certificates ("EPCs")[3] included in Home Information Packs ("HIPs"), the disclosure of information from registers of EPCs, the data to be entered alongside the EPC and related documents on the register, transitional arrangements for EPC requirements on sale or rental of buildings other than dwellings, and the providing in relation to new buildings of EPCs and of notices concerning providing of EPCs and compliance with target CO2 emission rates.

3.  The principal Regulations to which amendments are made are the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991). These were laid in March 2007, at the same time as the Home Information Pack Regulations 2007 (SI 2007/992). The Committee took oral evidence on both sets of Regulations, and drew both to the special attention of the House in the Eighteenth Report of session 2006-07 (HL Paper 92). In the case of SI 2007/991, we used the ground that the Regulations might inappropriately implement European Union legislation. We referred to criticisms made by interested parties, including the Royal Institution of Chartered Surveyors (RICS), of the Department's proposal that a new EPC should be produced every time a residential property was put on the market for sale, and we commented as follows:

"The Government accept that linking EPCs to HIPs as proposed will mean that many EPCs have to be updated more often than the frequency of 10 years specified in the Directive. We cannot say that the Government have presented a rationale for this approach which refutes all the criticisms voiced; and we question therefore whether the EPB Regulations appropriately implement the European Directive."

4.  The EM to SI 2008/2363 explains that Regulation 2(2) extends the validity period of the EPC for homes marketed for sale and therefore subject to HIPs requirements from twelve months to three years, and that Regulation 5 makes the corresponding amendment to the HIPs Regulations, so that the maximum age of the EPC on inclusion in the pack is three years. The validity period had hitherto been fixed at twelve months.

5.  The EM recalls that, after SI 2007/991 and SI 2007/992 were laid last year, the RICS sought leave for judicial review of DCLG's implementation of HIPs. The proceedings were stayed by agreement on conditions, including one that DCLG would consult on the maximum age of an EPC when it was included in a HIP. Under the Directive, an EPC can be valid for up to 10 years. The principal Regulations had provided that an EPC to be included in a HIP should be no more than three months old, because DCLG took the view that such a recent EPC and its accompanying recommendations would have maximum credibility, and be most likely to be acted upon.

6.  RICS cited a validity of less than 10 years as gold-plating, and submitted that there was no evidence to support the greater effectiveness of the period chosen. In July 2007 this period was extended to twelve months to allow time for consultation, as part of the conditions agreed with RICS.

7.  DCLG consulted from December 2007 to March 2008, setting out a range of scenarios, modelling validity periods of one, three, five, and seven years against a base case of 10 years. Following analysis of the 23 responses received, including representations from RICS, the Government have decided that there should be a three-year validity period. However, DCLG acknowledge that there is still a lack of hard data on which to base such a decision. The IA (on pages 26 and 27) contains the following statement:

"It was clear from the consultation process that, without solid evidence on likely behaviour change, it is hard to justify one option over another. The next step therefore has to be to gather sufficient evidence to inform a decision. This could be built in as a central element of the evaluation of implementation of the [Directive] which is due to start in the autumn of 2008 and would yield initial results in 2009. Three years is the minimum period which would allow enough time to gather evidence, analyse the results and make changes to legislation if those results suggest that a change is justified ... the Government has therefore taken the view that a three-year validity period represents the best balance between likely costs and benefits ahead of the evidence the evaluation of the [Directive] will yield."

8.  We are left with the impression that the decision to extend the validity period of the EPC from twelve months to three years is founded as much on administrative convenience (since it ties in with the timetable for reviewing the Directive) as on considerations of the effectiveness of the mechanism itself. We are aware that views among interested parties continue to be divided on the appropriate length of the period, and that, while some favour frequent updating of EPCs to maximise their relevance, others see this as an undesirable complication in the process of buying and selling homes. We believe that the House will be interested to see the decision taken by the Department on this issue, while keeping the position under review.

B.  Social Security (Miscellaneous Amendments) (No. 4) Regulations 2008 (SI 2008/2424)

Summary: These Regulations make apparently minor changes to the length of time that claims for Pension Credit, Housing Benefit and Council Tax Benefit can be backdated, but the proposals have received strong opposition from those involved in the sector. The Social Security Advisory Committee (SSAC) has issued a critical report that draws attention to the lack of evidence provided to support the position of the Department for Work and Pensions (DWP). The SSAC agrees that funds must be protected but, supported by responses from an unprecedented number of consultees, argues that changes made here will cause hardship to the most vulnerable in society.

DWP present these changes as part of a wider simplification package, and state that they are trying to make administration less complex by having uniform backdating provisions across all benefits. We understand that money saved through the changes in these Regulations will be used to finance other elements of the wider package. SSAC argue that Housing Benefit is unlike other social security benefits, in that a significant number of applicants only claim it after they have got badly in arrears with their rent and are threatened with eviction. DWP estimate that 3,000 new claims (or 0.2%) per annum will be affected by the change to this benefit. In relation to Pension Credit, figures in the SSAC report indicate that, in 2006-07, 40% of new claims were backdated for more than 3 months and 25% of the total (some 70,000 claims) were backdated for 12 months. Money saved from these changes will be used to finance other elements of the wider package. The Committee is disappointed both with the way DWP has presented the proposal and with the fact that an evidently controversial measure has been laid during the Recess, to come into effect on the day the House returns.

These Regulations are drawn to the special attention of the House on the ground that they may imperfectly achieve their policy objective.

9.  These Regulations have been laid by the Department for Work and Pensions (DWP) under various sections of the Social Security Administration Act 1992, the Social Security Contributions and Benefits Act 1992 and the State Pension Credit Act 2002. The Regulations are accompanied by an Explanatory Memorandum (EM). A report from the Social Security Advisory Committee (SSAC), a statutory consultee, (Command Paper 7469) was laid alongside the instrument which contains a longer memorandum and supplementary material indicating the numbers affected and the likely savings.

10.  The Regulations change the provisions for backdating claims for Pension Credit, Housing Benefit and Council Tax Benefit, reducing the period for most cases from 52 weeks to 3 months. Following representations from the SSAC, DWP have agreed to stage the reduction of the backdating period for working age claimants of Housing and Council Tax Benefits, reducing the period initially to 6 months; however, paragraph 7.9 of the EM states that these arrangements will be reviewed at the end of 2009, and the policy intention to reduce the backdating period to 3 months remains.

PART OF A WIDER PACKAGE

11.  DWP present the changes as part of a wider simplification package[4], and state that they are trying to make administration less complex by having uniform backdating provisions across all benefits. They state that being able to claim by phone and a simplified procedure that allows DWP and Local Authority officials to share information will facilitate people making more timely claims, so there will be less need for backdating. They argue that, because these benefits are well established and well publicised, there is no longer any justification for allowing them to be backdated by 12 months, and they initially proposed that all backdated claims should be reduced to a maximum of 3 months.

12.  Although it is not explained in the EM, DWP's longer submission to the SSAC makes clear that these changes are required to finance other elements of the simplification package - such as the Pension Credit Assessed Income Period (AIP) run-on set out in the current Pension Bill (SSAC report page 38, paragraphs 5 and 6). DWP take the view that these changes are a means of providing the necessary cash savings without penalising existing claimants. Anticipated savings in programme spend arising from these proposals are set out in some of the supplementary information provided at the SSAC's request and indicate net savings of about £170m in 2009 (SSAC report Table 2, page 74).

ASSESSMENT OF IMPACT

13.  The SSAC agrees that public funds must be protected but points to inconsistencies in DWP's approach, for example, that another element in these Regulations, the extension of Pension Credit entitlement whilst abroad to 13 weeks, opens up those funds to abuse (SSAC report page 18, paragraph 78).

14.  The SSAC's report is unusually strong in its criticism of the proposal, drawing attention to the weak evidence provided to support DWP's position. The memorandum provided to the SSAC is more detailed than the one provided to the House, but the SSAC required DWP to supply additional data so that it could assess the proposal properly. We note that, although paragraph 8.2 of the EM accompanying the instrument states that these changes will reduce public sector administration costs for both DWP and local authorities, this is not supported by an Impact Assessment. Since it is government policy that an Impact Assessment is required for any proposal that imposes or reduces costs in the public sector, unless the costs fall beneath a pre-agreed threshold[5] (generally £5m), we deduce that the anticipated administrative savings are low.

15.  The claim in paragraph 8.1 that the changes made by these Regulations will have no impact on the voluntary sector is similarly unsupported and seems debatable, given the degree of voluntary sector activity in relation to these benefits evident from the replies to the SSAC consultation exercise.

NUMBERS AFFECTED

16.  The table at page 73 of the SSAC report, which was provided by the Department at the SSAC's request, indicates that in 2006-07, 40% of new Pension Credit claims were backdated for more than 3 months and some 70,000 claims, representing 25% of the total, were backdated for 12 months. Although this is a small percentage of the total 5.10m households currently receiving the benefit, it still represents a significant number of people, particularly as these figures only relate to the successful claims. It is estimated that the restriction will save £155m in 2008 and 2009. The DWP's own data demonstrate that the reduction in backdating will particularly affect older pensioners (75+). Anecdotal evidence suggests that those with certain disabilities such as mental health impairments or communications difficulties are more likely to have benefited from the longer backdating period (see SSAC report page 58, Table 1 and paragraphs 5.6-7).

17.  In respect of Housing Benefit and Council Tax Benefit, DWP estimate that 3,000 new claims (or 0.2%) per annum will be affected by this change (SSAC report page 63 paragraph 11.4). It is estimated that the restriction will save £105m in 2008 and 2009. Respondents to SSAC's consultation expressed concern that these changes will impact hardest on the most vulnerable in society (SSAC report page 29, paragraph 4.14).

THE SPECIAL NATURE OF HOUSING BENEFIT

18.  SSAC argue that Housing Benefit is unlike other social security benefits, in that a significant number of applicants only claim it after they have got badly in arrears with their rent and are threatened with eviction. The SSAC report questions whether consequential costs such as the cost of increased numbers of evictions and rehousing claimants have been sufficiently considered in assessing potential savings. The Citizen's Advice response to the consultation also offered a practical perspective:

"Aligning backdating rules with other benefits might appear administratively neat. However there are important reasons why HB is different from other means tested benefits and therefore requires different and more flexible backdating provision. Firstly, because benefit is often paid direct or rebated to the landlord, usually four weeks in arrears, there is often a delay before the claimant is even aware that their benefit has ceased and that action is needed to re-claim.

Secondly, unlike other means tested benefits, HB and CTB are paid to meet particular defined liabilities. If the benefit is not received then the debt remains. In May 2007, HB payments averaged £70.16 per week; claimants - by definition on a low income - are unlikely to be able to pay off the resulting rent arrears without a backdated payment. It is important to recognise that the impact of cutting HB/CTB backdating will in many cases be also felt by another part of the public purse: the majority of HB claimants rent from local authorities or housing associations which are likely to see their bad debts rise as a result of the change. Similarly it is likely that the council tax take will reduce."[6]

19.  The Committee is disappointed that this evidently controversial change has been brought in during Recess to take effect on the day Parliament returns, thus offering Parliament no opportunity to consider the matter before the legislation comes into effect. We can see no particular need for urgency.

20.  We are also disappointed that DWP decided not to undertake a public consultation exercise while formulating their policy, deferring this responsibility to the SSAC. Even though the SSAC consultation period only lasted a month, the degree of concern among stakeholders is shown by the response: 75 contributions, of which only one supported the proposal. As a result, DWP have made a temporary concession reducing the backdating period for working age claimants of Housing and Council Tax Benefits, initially only to 6 months.

21.  The objective of the instrument is unclear: it is sometimes described as streamlining the claims process, and sometimes as removing intrusion into customers' financial circumstances. We are not clear how this fits with the Department's overarching aim of working to end poverty in all forms. The savings to be derived from the proposed changes are apparently key to the delivery of a much wider package of measures, including elements of the current Pensions Bill, yet the EM did not mention this. The actual sums to be derived are challenged by respondents to the consultation exercise and in any case do not reflect the concession made. The EM laid with this instrument contains very little supporting evidence to justify the assertions made. We have accordingly picked out from the assortment of documents in the SSAC report the information that we believe may assist the House in scrutinising the proposal. The Committee notes that the proposed changes involve some difficult choices, but the House may wish to ask the Department to explain its policy objectives and reasoning further, to see whether it has got the balance right.

C.  Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (SI 2008/2546)

Summary: This is the second order which HM Treasury have made under the Banking (Special Provisions) Act 2008. The first, the Northern Rock plc Transfer Order 2008 (SI 2008/432), brought Northern Rock into public ownership on 22 February 2008. This Order transfers Bradford & Bingley's UK and Isle of Man retail deposit business, along with its branch network, to Abbey National plc and takes the remainder of Bradford & Bingley's business into public ownership.

This Order is drawn to the special attention of the House on the ground that it gives rise to issues of public policy likely to be of interest to the House.

22.  HM Treasury (HMT) have made the Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 ("the Order") under sections 3, 4, 8, 12 and 13(2) of, and Schedule 1 to, the Banking (Special Provisions) Act 2008 ("the 2008 Act"). An Explanatory Memorandum (EM) and Impact Assessment (IA) have been provided.

23.  The purpose of the Order is to transfer shares in Bradford & Bingley plc ("Bradford & Bingley") to HMT and to make a further transfer of certain property, rights and liabilities to Abbey National plc. HMT state in the EM that this is the second Order made under the 2008 Act, but that it is the first to use the power under section 8 of that Act to make a further transfer following a transfer to the public sector. The Order was made at 7.40am on 29 September 2008, came into force at 8.00am on that day, and was laid before Parliament three hours later. HMT comment that it is "in everyone's interest for the transfer of shares and transfer of property to be effected as swiftly as possible to avoid uncertainty".

24.  In our 11th Report of the current session (HL Paper 64), we brought the first such Order to the special attention of the House. This was the Northern Rock plc Transfer Order 2008 (SI 2008/432) which brought Northern Rock plc into temporary public ownership on 22 February 2008 (the day after the 2008 Act received Royal Assent). In that Report, we noted that the Government had chosen to apply the negative procedure to the powers in clause 3 of the Bill (now section 3 of the 2008 Act) to make a transfer order, despite concern expressed by the Delegated Powers and Regulatory Reform Committee. We commented that, while the House was unlikely to want to annul the Northern Rock plc Transfer Order 2008, future exercises of the transfer powers in the 2008 Act would not be subject to automatic debate, and that Parliament would not be able to reverse any future transfer by annulling any future instrument.

25.  HMT have stated that the purpose of the 2008 Act is to enable the Government to act to secure the continued stability of the UK financial system and to protect the public interest. This second Order under the 2008 Act is intended to serve this purpose by bringing Bradford & Bingley into temporary public ownership, while transferring its retail deposit business, along with its branch network, to Abbey National plc.

Other instruments of interest

DRAFT PRE-RELEASE ACCESS TO OFFICIAL STATISTICS ORDER 2008

26.  During debates on the Statistics and Registration Service Act 2007 the Government said that it would "set out principles in secondary legislation to provide guidance for Departments and ensure that access [to official statistics] is limited only to those individuals who require data for operational reasons"[7]. As part of the reform of the provision of official statistics, this instrument limits more strictly pre-publication access to figures to those with an evident need-to-know. The Order also reduces the amount of advance notice given, including to Ministers, to a maximum of 24 hours.

EARLY YEARS FOUNDATION STAGE (EXEMPTIONS FROM LEARNING AND DEVELOPMENT REQUIREMENTS) REGULATIONS 2008 (SI 2008/1743)

27.  The Department for Children, Schools and Families (DCSF) have laid (and brought into force) the Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008 (SI 2008/1743). The Early Years Foundation Stage (EYFS) is a statutory framework for early learning and childcare from birth through to the end of the academic year in which a child turns five. The EYFS applies to all early years providers, whether they are in the maintained sector or in the private, voluntary and independent sectors, and came into force on 1 September 2008. SI 2008/1743 enables the Secretary of State to exempt early years providers from some or all of the requirements in prescribed circumstances, and this includes an exemption in circumstances where the principles governing the provision conflict with the EYFS. DCSF have said that they carried out detailed consultation into the proposed exemptions between March and May 2007, and that their response to this consultation process did not propose that such an exemption be provided. However, on the basis of subsequent representations from what DCSF describe as "a very small minority of providers and parents who have expressed their concerns around the compatibility of specific elements of the EYFS with their principles about the learning and development of children", a Ministerial Statement in June 2008 confirmed that such an exemption would after all be included in the Regulations which have now been laid. Further information is printed at Appendix 1.

HEALTH SERVICE BRANDED MEDICINES (CONTROL OF PRICES AND SUPPLY OF INFORMATION) REGULATIONS 2008 (SI 2008/1938)

28.  These Regulations act as a default position to limit the maximum price of prescription-only, branded medicines supplied to the National Health Service. An alternative voluntary agreement between pharmaceutical companies and the Department of Health, which covers around 80 percent by value (some £9 billion) of the medicines used in the NHS, has been in operation since 1957 and is generally renegotiated every 5 years. However due to a number of external factors the current Pharmaceutical Price Regulation Scheme (PPRS) has had to be terminated early:

  • the Office of Fair Trading published a report on the PPRS[8], which recommended that the scheme should be reformed;
  • the NHS will be required to make significant efficiency savings over the next three years as part of the Comprehensive Spending Review;
  • in June 2007, a High Court ruling undermined crucial parts of the PPRS and put in jeopardy the effective operation of the scheme and the delivery of savings from the 7% price cut agreed in 2005.

29.  The details of the new PPRS are still under negotiation, but in the interim a skeleton voluntary agreement is in operation[9]. The Department of Health hope to have a new agreement in place by the end of the year. These Regulations act as a fallback for those firms not participating in the PPRS and protect NHS expenditure by providing that no price increases will be permitted from 1 September 2008. A prayer has been laid seeking to have these Regulations annulled.

COMMONS REGISTRATION (ENGLAND) REGULATIONS 2008 (SI 2008/1961)

30.  The Department for Environment, Food and Rural Affairs (DEFRA) have laid these Regulations, which make provision about the registration of common land under the Commons Act 2006. The Regulations come into force on 1 October 2008, to apply to the areas of seven commons registration authorities in England which are participating in a pilot implementation (namely, Cornwall, Devon, Hertfordshire, Kent, and Lancashire County Councils; Blackburn with Darwen Borough Council; and County of Herefordshire District Council). DEFRA have said that this pilot will be reviewed to inform implementation in the rest of the country; and that, subject to the findings of the pilot review, implementation across England will be in three stages, on a region-by-region basis, between October 2010 and September 2013. Consultation on the proposals revealed a diversity of views on this timetable, and many respondents sought earlier implementation. However, DEFRA concluded that implementation nationally without a pilot would pose high risks and potentially very high or uncertain costs.

TRAFFIC SIGNS (AMENDMENT) REGULATIONS AND GENERAL DIRECTIONS 2008 (SI 2008/2177)

31.  These Regulations add a new traffic sign to the repertoire (see Appendix 2) which combines the sign for a speed camera with a reminder that the national speed limit applies. The objective of the change is to help drivers to travel within the speed limit, but also to minimise sign clutter.

NITRATE POLLUTION PREVENTION REGULATIONS 2008 (SI 2008/2349)

32.  The Department for Environment, Food and Rural Affairs (DEFRA) have laid these Regulations, which replace Regulations (from 1996 and later years) implementing the 1991 EC Nitrates Directive[10] in England. The Directive aims to reduce the amount of nitrates from agriculture entering waters through an Action Programme of controls on the use and management of manures and fertilisers in areas designated "nitrate vulnerable zones" (NVZs). The Directive establishes a four-yearly review cycle for assessment of areas designated as NVZs and of the effectiveness of the Action Programme measures. Reviews were carried out in 2005/2006, in the context of ongoing infraction proceedings initiated by the European Commission in October 2004. In the light of the review, the latest Regulations increase the total land area designated as NVZs in England (from 55% to about 70%) and amend the Action Programme measures.

33.  DEFRA consulted on these proposals between August and December 2007 and say that responses from the farming sector "while not supportive of the proposals, were generally constructive." The Impact Assessment accompanying the Regulations estimates the overall annual costs of the proposals to the agriculture industry as ranging between £44.3 million and £65.2 million. We note that, in their 7th Report of the current session,[11] the House of Commons Select Committee on Environment, Food and Rural Affairs agreed that changes were needed to bring England into compliance with the Directive, but stressed that the proposed new Action Programme would place a considerable financial burden on livestock and dairy farmers at a time when they are ill-equipped to meet these costs. We trust that the Government will bear this concern in mind in taking implementation forward.

Instruments not drawn to the special attention of the house

  The Committee has considered the instruments set out below and has determined that the special attention of the House need not be drawn to them.

Draft Instruments requiring affirmative approval

        Police (Conduct) Regulations 2008

Police (Performance) Regulations 2008

Police Appeals Tribunals Rules 20008

Pre-release Access to Official Statistics Order 2008

Instruments subject to annulment
SI 2008/666 Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008
SI 2008/1743Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008
SI 2008/1788Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2008
SI 2008/1792European Communities (Designation) (No. 2) Order 2008
SI 2008/1879Employment and Support Allowance (Consequential Provisions) (No.3) Regulations 2008
SI 2008/1881Transmissible Spongiform Encephalopathies (England) Regulations 2008
SI 2008/1883Education (Specified Work and Registration) (England) (Amendment) Regulations 2008
SI 2008/1884General Teaching Council for England (Eligibility for Provisional Registration) Regulations 2008
SI 2008/1885Beer, Cider and Perry and Wine and Made-wine (Amendment) Regulations 2008
SI 2008/1886Companies Act 2006 (Commencement No. 7, Transitional Provisions and Savings) Order 2008
SI 2008/1887Police Pensions (Amendment) Regulations 2008
SI 2008/1888Origin of Renewables Electricity (Power of Gas and Electricity Markets Authority to act for Northern Ireland Authority for Utility Regulation) Regulations 2008
SI 2008/1891Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008
SI 2008/1897Companies (Trading Disclosures) (Insolvency) Regulations 2008
SI 2008/1900Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008
SI 2008/1907Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2008
SI 2008/1919Land Registration (Amendment) Rules 2008
SI 2008/1920Commonhold (Land Registration) (Amendment) Rules 2008
SI 2008/1921Land Registration (Proper Office) (Amendment) Order 2008
SI 2008/1938Health Service Branded Medicines (Control of Prices and Supply of Information) Regulations 2008
SI 2008/1950Insurance Accounts Directive (Lloyd's Syndicate and Aggregate Accounts) Regulations 2008
SI 2008/1952Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2008
SI 2008/1953Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008
SI 2008/1955Child Support Commissioners (Procedure) (Amendment) Regulations 2008
SI 2008/1956Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008
SI 2008/1957Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008
SI 2008/1958Trade Marks (Fees) Rules 2008
SI 2008/1959Community Trade Mark (Amendment) Regulations 2008
SI 2008/1961Commons Registration (England) Regulations 2008
SI 2008/1962Dartmoor Commons (Authorised Severance) Order 2008
SI 2008/1964Export Control (Democratic Republic of Congo) (Amendment) (No. 2) Order 2008
SI 2008/1965Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008
SI 2008/1973Adventure Activities (Amendment) Regulations 2008
SI 2008/1979Personal and Occupational Pension Schemes (Amendment) Regulations 2008
SI 2008/1980Tractor etc (EC Type-Approval) (Amendment) Regulations 2008
SI 2008/2011Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008
SI 2008/2059Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008
SI 2008/2072Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008
SI 2008/2076Criminal Procedure (Amendment) Rules 2008
SI 2008/2091Concessionary Bus Travel (Permits) (England) (Amendment) Regulations 2008
SI 2008/2093Town and Country Planning (Environmental Impact Assessment)(Amendment) (England) Regulations 2008
SI 2008/2094Education (Student Support) (Amendment) (No. 2) Regulations 2008
SI 2008/2095Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008
SI 2008/2096Police (Retention and Disposal of Motor Vehicles) (Amendment) Regulations 2008
SI 2008/2097Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) (Amendment) Regulations 2008
SI 2008/2098Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008
SI 2008/2099School Teachers' Incentive Payments (England) Order 2008
SI 2008/2103Vaccine Damage Payments (Specified Disease) Order 2008
SI 2008/2108Export and Import of Dangerous Chemicals Regulations 2008
SI 2008/2111Social Security (Child Maintenance Amendments) Regulations 2008
SI 2008/2112Social Security (Use of Information for Housing Benefit and Welfare Service Purposes) Regulations 2008
SI 2008/2113Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008
SI 2008/2114Welfare Reform Act (Relevant Enactment) Order 2008
SI 2008/2142Transport Tribunal (Amendment) Rules 2008
SI 2008/2143Police Act 1997 (Criminal Records) (Amendment) Regulations 2008
SI 2008/2155Education (School Teachers' Pay and Conditions) Order 2008
SI 2008/2159Disability Discrimination (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) (Amendment) Regulations 2008
SI 2008/2160Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008
SI 2008/2161Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2008
SI 2008/2163Crime and Disorder Act 1998 (Responsible Authorities) Order 2008
SI 2008/2164Batteries and Accumulators (Placing on the Market) Regulations 2008
SI 2008/2165Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) (Amendment) Regulations 2008
SI 2008/2166Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008
SI 2008/2167Excise Duties (Road Fuel Gas) (Reliefs) Regulations 2008
SI 2008/2169Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2008
SI 2008/2171Dartford-Thurrock Crossing (Amendment) Regulations 2008
SI 2008/2172Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2008
SI 2008/2173Cosmetic Products (Safety) (Amendment) Regulations 2008
SI 2008/2175Crossrail (Fees for Requests for Planning Approval) Regulations 2008
SI 2008/2176Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008
SI 2008/2177Traffic Signs (Amendment) Regulations and General Directions 2008
SI 2008/2178Civil Procedure (Amendment) Rules 2008
SI 2008/2206Trade Marks (International Registration) Order 2008
SI 2008/2207Trade Marks (Fees) Revocation Rules 2008
SI 2008/2250Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008
SI 2008/2251National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2008
SI 2008/2252Care Quality Commission (Membership) Regulations 2008
SI 2008/2256Public Contracts and Utilities Contracts (CPV Code Amendments) Regulations 2008
SI 2008/2260Town and Country Planning (Trees) (Amendment) (England) Regulations 2008
SI 2008/2262A1(M) Motorway and the M62 Motorway (Holmfield Interchange Link Roads) (Speed Limit) Regulations 2008
SI 2008/2263National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008
SI 2008/2264Tonnage Tax (Training Requirement) (Amendment) Regulations 2008
SI 2008/2265Social Fund (Applications and Miscellaneous Provisions) Regulations 2008
SI 2008/2266Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008
SI 2008/2267Postal Services Regulated Providers (Redress Scheme) Order 2008
SI 2008/2268Gas and Electricity Regulated Providers (Redress Scheme) Order 2008
SI 2008/2269Transmissible Spongiform Encephalopathies (Fees) (England) Regulations 2008
SI 2008/2270Zoonoses and Animal By-Products (Fees) (England) Regulations 2008
SI 2008/2297Veterinary Medicines Regulations 2008
SI 2008/2299Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008
SI 2008/2300Trade Marks (Amendment) Rules 2008
SI 2008/2301Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008
SI 2008/2323Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) (Amendment) Regulations 2008
SI 2008/2332Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 2008
SI 2008/2333Non-Domestic Rating (Communications Hereditaments) (Valuation, Alteration of Lists and Appeals and Material Day) (England) Regulations 2008
SI 2008/2334Building (Electronic Communications) Order 2008
SI 2008/2337Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008
SI 2008/2341Legal Services Act 2007 (Transitional, Savings and Consequential Provisions) (Scotland) Order 2008
SI 2008/2342Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2008
SI 2008/2343Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2008
SI 2008/2344Civil Enforcement of Parking Contraventions (County of Buckinghamshire) (District of Wycombe) Designation Order 2008
SI 2008/2345Housing (Approval of a Code of Management Practice) (Student Accommodation) (England) Regulations 2008
SI 2008/2346Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008
SI 2008/2347Sea Fishing (Recovery Measures) Order 2008
SI 2008/2349Nitrate Pollution Prevention Regulations 2008
SI 2008/2352Private and Voluntary Health Care (England) Amendment Regulations 2008
SI 2008/2353Serious Crime Act 2007 (Specified Anti-fraud Organisations) Order 2008
SI 2008/2356Wildlife and Countryside Act 1981 (Variation of Schedule 4) (England) Order 2008
SI 2008/2357Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Amendment) (England) Regulations 2008
SI 2008/2360Fal & Helford Designated Area (Fishing Restrictions) Order 2008
SI 2008/2362Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008
SI 2008/2365Social Security (Miscellaneous Amendments) (No. 3) Regulations 2008
SI 2008/2366Channel Tunnel (International Arrangements) (Amendment) Order 2008
SI 2008/2367Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008
SI 2008/2368Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Amendment) Regulations 2008
SI 2008/2372Sale of Registration Marks (Amendment) Regulations 2008
SI 2008/2411Plant Health (England) (Amendment) Order 2008
SI 2008/2428Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008
SI 2008/2442Civil Enforcement of Parking Contraventions (County of East Sussex) (Borough of Eastbourne) Designation Order 2008
SI 2008/2446Family Proceedings (Amendment) Rules 2008
SI 2008/2447Family Procedure (Adoption) (Amendment) Rules 2008
SI 2008/2448Costs in Criminal Cases (General) (Amendment) Regulations 2008

Instruments subject to annulment (Northern Ireland)
SR 2008/314Police Trainee (Amendment) Regulations (Northern Ireland) 2008
SR 2008/325Police (Testing for Substance Misuse) Regulations (Northern Ireland) 2008



1  
These are the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991), the Building Regulations 2000 (SI 2000/2531), the Building and Approved Inspectors Regulations 2000 (SI 2000/2532), and the Home Information Pack (No.2) Regulations 2007 (SI 2007/1667). Back

2   Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002. Back

3   Energy Performance Certificates provide an assessment of the energy efficiency of a home, and are accompanied by recommendations as to how it can be improved, both short-term and longer term. Back

4   See for example SI 2008/2112 Social Security (Use of Information for Housing Benefit and Welfare Services Purposes) Regulations 2008,SI 2008/2114 Welfare Reform Act (Relevant Enactment) Order 2008 and SI 2008/2299 Housing Benefit and Council Tax Benefit (Amendment) Regulations 2008 Back

5   BRE guidance on preparing an Impact Assessment http://www.berr.gov.uk/files/file44544.pdf  Back

6   Citizen's Advice Bureau response to consultation 22 May 2008

 Back

7   HC Hansard, 8 January 2007, col 38 Back

8   http://www.gnn.gov.uk/environment/fullDetail.asp?ReleaseID=304805&NewsAreaID=2

 Back

9   See DH website www.dh.gov.uk/pprs. Back

10   European Council Directive 91/676/EEC. Back

11   See: http://www.publications.parliament.uk/pa/cm200708/cmselect/cmenvfru/412/412.pdf  Back


 
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