Other Instruments of interest
DRAFT SAFEGUARDING VULNERABLE GROUPS ACT 2006 (TRANSITORY
PROVISIONS) ORDER 2008
DRAFT SAFEGUARDING VULNERABLE GROUPS ACT 2006 (PRESCRIBED
CRITERIA) (FOREIGN OFFENCES) ORDER 2008
8. The Department for Children, Schools and Families
(DCSF) have laid these two affirmative instruments, which are
scheduled to be debated on 6 November. The Safeguarding Vulnerable
Groups Act 2006 ("the 2006 Act") provides for a new
Vetting and Barring Scheme ("VBS") to replace existing
arrangements for safeguarding children and vulnerable adults from
harm by employees whose work gives them significant access to
these groups. DCSF say that they expect the VBS to "go live"
in October 2009. The draft Transitory Provisions Order provides
for the next stage in the transition to the new VBS, by requiring
that Ministers cease to take barring decisions on new referrals
under current arrangements, and that these referrals are made
instead to the Independent Barring Board (IBB). The draft Foreign
Offences Order amends the 2006 Act to enable the Secretary of
State to prescribe "foreign offences" for the purposes
of those provisions which refer to the criteria that must be satisfied
for the IBB automatically to include a person in the barred lists.
We sought additional information from DCSF about these instruments
and about two further sets of related Regulations yet to be laid.
This information is printed at Appendix 2.
DRAFT MISUSE OF DRUGS ACT 1971 (AMENDMENT) ORDER
2008
9. This instrument upgrades cannabis and its
products from a Class C drug to Class B with consequential changes
in the enforcement and penalty regime. Although the Government's
scientific advisers and consultation outcome indicated that the
drug should remain as Class C, the Government feel that the increased
prevalence of skunk, a more potent form of the drug with uncertain
but potentially serious health risks, necessitates the action.
The reclassification will enable a more robust enforcement policy,
a key feature of which is the introduction of Penalty Notices
for Disorder (PNDs) for simple possession of cannabis by adult
offenders. The extension of the PND scheme is a matter for the
Ministry of Justice and Regulations are currently being drafted.
The commencement date of 26 January is designed to allow the coordination
of the two sets of Regulations.
SOCIAL FUND AND COLD WEATHER (GENERAL) AMENDMENT
REGULATIONS 2008 (SI 2008/2569)
10. Cold Weather Payments are paid to people
receiving Pension Credit, Income Support and income-based Jobseeker's
Allowance to help with heating costs in cold weather. The payment
is automatically triggered when the average daily temperature
for a period of seven consecutive days at the relevant local weather
station is recorded as, or is forecast to be, 0 degrees Celsius
or below. These Regulations increase the benefit from £8.50
to £25 per week (when the weather conditions set out above
apply). Although the actual number receiving the benefit varies
significantly according to whether it is a mild or cold winter,
over the last 3 years an average of approximately 465,000[3]
people have received the benefit at least once. Further information
is printed at Appendix 3.
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 (TRANSITIONAL
AND CONSEQUENTIAL PROVISIONS) ORDER 2008 (SI 2008/2683) AND 13
ASSOCIATED INSTRUMENTS[4]
11. These instruments govern the practice and
procedure to be followed in the First-tier Tribunal and Upper
Tribunals set up to unify the Tribunal Service following Sir Andrew
Leggatt's review[5]. The
First Tier is to be divided into specialised Chambers and these
instruments relate to the first jurisdictions to be transferred
across to it: the War Pensions and Armed Forces Compensation Chamber,
the Social Entitlement Chamber, and the Health, Education and
Social Care Chamber. Further tribunal jurisdictions will move
across in a rolling programme. Other instruments in the group
include transitional and consequential provisions and measures
relating to the qualifications for the appointment of tribunal
members. This set of Orders, Regulations and Rules adds practical
detail to the principles set out in three affirmative Orders,
in particular the Transfer of Tribunal Functions Order 2008, which
were debated on 23 October. Unfortunately the need to have all
the practical provisions in place by the start-up date of 3 November
has meant that these negative instruments were laid before the
affirmatives had been considered and in breach of the 21-day rule.
The Ministry of Justice have apologised for this breach of normal
Parliamentary practice. While noting this, we commend the Department's
diligence in pursuing these recommendations for reform and in
seeking to find solutions to problems that users have identified.
3 610,800 in 2005-06; 334,100 in 2006-07 and 458,500
in 2007-08 Back
4
SIs 2008/2684 -6,2692,2696-9,2703-4, 2706-7 and 2780 which corrects
2707. Full titles are given in the list of SIs not drawn to the
special attention of the House Back
5
Tribunals for Users - One System, One Service, published August
2001 Back
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