Select Committee on Merits of Statutory Instruments Thirty-Third Report

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

Companies (Trading Disclosures) (Amendment) Regulations 2008

Northern Ireland Assembly (Elections) (Amendment) Order 2008

Instruments subject to annulment
SI 2008/2824Housing Benefit and Council Tax Benefit (Amendment) (No.2) Regulations 2008
SI 2008/2831Housing and Regeneration Act 2008 (Consequential Provisions) (No.2) Order 2008
SI 2008/2836Allocation and Transfer of Proceedings Order 2008
SI 2008/2839Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008
SI 2008/2841Cremation (England and Wales) Regulations 2008
SI 2008/2844Motor Vehicles (EC Type Approval) (Amendment) Regulations 2008
SI 2008/2847Statistics of Trade (Customs and Excise) (Amendment) (No.2) Regulations 2008
SI 2008/2848Public Contracts and Utilities Contracts (Postal Services Amendments) Regulations 2008
SI 2008/2849Road Vehicles (Registration and Licensing) (Amendment No.3) Regulations 2008
SI 2008/2850Retention of Registration Marks (Amendment) Regulations 2008
SI 2008/2851Merchant Shipping (Training and Certification) (Amendment) Regulations 2008
SI 2008/2853Civil Proceedings Fees (Amendment) Order 2008
SI 2008/2854Non-Contentious Probate Fees (Amendment) Order 2008
SI 2008/2855Magistrates' Courts Fees (Amendment) Order 2008
SI 2008/2856Family Proceedings Fees (Amendment) Order 2008
SI 2008/2858Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008
SI 2008/2859Magistrates' Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008
SI 2008/2860Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008
SI 2008/2861Family Proceedings (Amendment) (No. 2) Rules 2008
SI 2008/2865Police (Amendment) Regulations 2008
SI 2008/2866Police (Complaints and Misconduct) (Amendment) Regulations 2008
SI 2008/2867Local Government (Structural Changes) (Transitional Arrangements) (No. 2) Regulations 2008
SI 2008/2869Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2008
SI 2008/2871Recovery of Taxes etc Due in Other Member States (Amendment of Section 134 of the Finance Act 2002) Regulations 2008
HC 1113Statement of Changes in Immigration Rules
Proposal by the Secretary of State for Culture, Media and Sport under section 4(4) of the Video Recordings Act 1984 to appoint Gerard Lemos and Alison Hastings as designated authorities


This illustrates some of the Committee's concerns about the complexity of the system while in transition from the old rules to the new Points Based System (see paragraph 8 above).

Further information from the Home Office

Ministers of Religion

Paragraph 6.14 of the Explanatory Memorandum refers to the transitional arrangements which we have put in place to minimise the impact on existing work permit holders. The arrangements will apply to those with existing leave to enter or stay granted under the current work permit arrangements - or in the case of Ministers of Religion - permit free arrangements. They will be able to extend that leave under the Skilled Migrant tier of the Points Based System. Where a migrant's work permit leave expires before the Skilled Migrant tier comes into force, migrants will be able to seek an extension of stay under the current work permit arrangements in the normal way.

Where that leave expires after the Skilled Migrant tier comes into force, existing work permit holders will need to seek an extension of stay under the new system. Such applications will be subject to the new control tests. Migrants using the Ministers of Religion subcategory, will need a Certificate of Sponsorship issued by a registered employer, but will not need to meet the Tier 2 general control tests, including the English language requirement. This is because migrants who have entered the UK as Minister of Religion have had to meet an English Language requirement since 23 August 2004, and so we are not requiring them to demonstrate this again.

Once PBS goes live, any migrants wishing to enter the UK through the Tier 2 ministers of religion sub-category will be required to meet a level of English equivalent to the Council of Europe level B2.

19 November 2008

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