National Health Service (Procurement, Patient Choice and Competition) Regulations 2013 - Secondary Legislation Scrutiny Committee Contents



APPENDIX 3: TIMBER AND TIMBER PRODUCTS (PLACING ON THE MARKET) REGULATIONS 2013 (SI 2013/233): FURTHER INFORMATION

Information from Department for Environment, Food and Rural Affairs

Q1. Definitions of "director" and "officer" in regulation 1(3) of the Timber Regulations

The Committee considered that the expression "a body corporate whose affairs are managed by its members" was unusual, notably in its use of the word "managed", and that the definition of "director" does not seem to sit readily alongside the definition of "officer"... Could you comment further on this, and provide examples of where these terms have in fact already been used in SIs.

A1.1  Definition of "director"

The purpose of this definition is to extend the meaning of "director" so that any reference to a director must be interpreted as including not only formally appointed directors of bodies corporate but also any members where the affairs of the body corporate are managed by such members rather than formally appointed directors.

The definition of "officer" is wider than the definition of "director" but is complementary in that it includes "director" (as separately defined) as well as "secretary or other similar officer of the body corporate".

We have conducted a search of primary and secondary legislation since the beginning of 2010 which provides examples of where the term "body corporate whose affairs are managed by its members" has already been used. The results are set out in Table A. This lists all relevant provisions of the Acts of Parliament we have identified and, as regards the statutory instruments we have identified, the full references for the two (other) instruments made in 2013, instrument reference numbers and relevant provisions of those made in 2012 and the number of instruments made in 2011 and 2010.

Table A
ACTS OF PARLIAMENT STATUTORY INSTRUMENTS
2013None The Belarus (Asset-Freezing) Regulations 2013 (SI 2013/164) reg. 12(2)

The Transmissible Spongiform

Encephalopathies (England) (Amendment) Regulations 2013 (SI 2013/336) reg. 2(2)

2012Civil Aviation Act 2012 (c. 19) Sch. 2 para. 28(6) and Sch. 6 para. 8(3) SI 2012/2629 reg. 27

SI 2012/1511 reg. 12

SI 2012/1515 reg. 12

SI 2012/1301 reg. 12

SI 2012/925 reg. 20

SI 2012/1489 reg. 12

SI 2012/1517 reg. 12

SI 2012/1516 reg. 12

SI 2012/1657 reg. 25

SI 2012/1508 reg. 12

SI 2012/2461 reg. 4

SI 2012/1507 reg. 12

SI 2012/129 reg. 17

2011Charities Act 2011 (c. 25) s. 346(2)

Energy Act 2011 (c. 16) s. 88(12)

Number of instruments: 28
2010Bribery Act 2010 (c. 23) s. 14(4)

Cluster Munitions (Prohibitions) Act 2010 (c.11) s. 26(4)

Equality Act 2010 (c. 15) s. 175(4)(c)

Financial Services Act 2010 (c. 28) s. 5(7)

Terrorist Asset-Freezing etc Act 2010 (c. 38) s. 34(2)

Number of instruments: 9

A1.2  Definition of "officer"

We have also conducted a search of primary and secondary legislation since the beginning of 2010 which provides examples of a similar definition of "officer" (or "relevant individual" in the less common but analogous formulation) in relation to a body corporate. The results are set out in Table B. Similarly to Table A, this lists all relevant provisions of the Acts of Parliament we have identified and, as regards the statutory instruments we have identified, the full references for the two (other) instruments made in 2013, instrument reference numbers and relevant provisions of those made in 2012 and the number of instruments made in 2011 and 2010.

Table B
ACTS OF PARLIAMENT STATUTORY INSTRUMENTS
2013None The Guinea Sanctions) (Overseas Territories) Order 2013 (SI 2013/244) art. 3(1)

The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2013 (SI 2013/336) reg. 2(2)

2012None SI 2012/2629 reg. 27(10)
2011Charities Act 2011 (c. 25) s. 346(2)

Energy Act 2011 (c. 16) s. 88(11)

Number of instruments: 12
2010Bribery Act 2010 (c.23) s. 14(4)

Cluster Munitions (Prohibitions) Act 2010 (c.11) s. 26(3)

Equality Act 2010 (C. 15) s. 175(4)

Number of instruments: 18

Q2.  Regulation 7 (powers of entry)

The Committee cited regulation 7(1) and (11) of the Timber Regulations:

"(1) An inspector may, on serving reasonable notice, enter premises at any reasonable hour, except premises used wholly or mainly as a private dwelling house, for the purpose of enforcing the Timber Regulation and the Implementing Regulation.

...

(11) An inspector may require a vehicle, vessel, aircraft or hovercraft that the inspector has reasonable grounds to believe is transporting timber to stop to allow the inspector to exercise the powers conferred by these Regulations."

The Committee queried whether, if there were a barge moving large amounts of timber on which someone also lived, the exception from the powers of entry for private dwellings would mean that no enforcement would be possible in relation to such a vessel.

A2. In line with Home Office policy, the powers of entry granted to inspectors under regulation 7 do not extend to "premises used wholly or mainly as a dwelling house". Regulation 1(3) defines "premises" as including "any vehicle, vessel, aircraft, hovercraft, tent or moveable structure". Whether a particular vessel is used wholly or mainly as a dwelling house will be a question to be determined on the facts of each particular case. An example of a vessel which would constitute premises used "wholly as a dwelling house" might be a houseboat which is permanently moored and occupied. In contrast, a barge moving large amounts of timber on which someone also lived could not properly be described as being used "mainly as a dwelling house" and inspectors would therefore be able to exercise their powers of entry and enforcement in relation to such a vessel.


 
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