Other Instruments of Interest
Draft Green Deal Code
of Practice (Version 4)
and
Draft Renewable Heat Incentive Scheme (Amendment) Regulations
2014
Draft Green Deal Code of Practice
28. We have published information about a number
of statutory instruments laid by the Department for Energy and
Climate Change (DECC) in order to implement the "Green Deal",
since we drew the draft Green Deal Framework (Disclosure, Acknowledgement,
Redress Etc.) Regulations 2012 to the special attention
of the House in June 2012.[9]
29. One element of this implementation is the
Green Deal Code of Practice, which sets out requirements for individuals
acting as providers, assessors, or installers for the purposes
of the Green Deal, or for Certification Bodies. DECC states that
the requirements set out in the Code of Practice are designed
to ensure that all such individuals and bodies operate fairly
and transparently, deliver good customer service, have appropriate
levels of training and expertise, and provide appropriate redress
mechanisms for customers.
30. DECC has now laid version 4 of the Code of
Practice, in draft form, with an Explanatory Memorandum (EM).
In it, the Department says that the Code of Practice is being
updated following feedback from stakeholders, and includes a number
of on-going operational changes. Details of the changes are given
in paragraph 8.4 of the EM.
Draft Renewable Heat Incentive Scheme (Amendment)
Regulations 2014
31. DECC has also laid these draft Regulations
which, in amending an earlier instrument,[10]
serve to improve the scheme and increase deployment of renewable
heating technologies in the non-domestic sector. In the accompanying
EM, DECC says that the main changes being made are to expand the
non-domestic scheme; update tariffs following a review; change
rules regarding public grants; clarify eligibility rules; and
address budget management.
Secondary legislation relating to energy schemes
32. The Green Deal, and the Renewable Heat Incentive
Scheme, are among several major schemes which DECC is taking forward,
making frequent use of secondary legislation. These schemes also
include the Energy Companies Obligation; the Renewables Obligation;
the Warm Home Discount Scheme; the Smart Metering Programme; and
Electricity Market Reform. DECC has provided us with an extensive
note giving an overview of these schemes and their interaction
with secondary legislation: we are publishing the full note on
our website.
33. The House may in particular like to see
the information which DECC has provided about the secondary legislation
which it expects to bring forward in relation to Electricity Market
Reform, including a number of affirmative instruments which the
Department plans to lay in June of this year. We are publishing
this at Appendix 1.
Draft Licensing Act 2003 (FIFA World Cup Licensing
Hours) Order 2014
34. This Order will extend licensing hours to
enable viewers to watch England's World Cup matches at pubs and
other licensed premises anywhere in England. The Order specifically
extends licensing hours in relation to England's group matches
with Italy and Uruguay (but not the match with Costa Rica because
its earlier kick off time, 5pm, means that an extension is not
necessary). This Order would also extend the licensing hours for
matches in the later stages of the World Cup, provided that England
qualify.
Draft Openness of Local Government Bodies Regulations
2014
35. In the Explanatory Memorandum (EM) to these
draft Regulations, the Department for Communities and Local Government
(DCLG) says that they give greater rights to report at open meetings
of local government bodies, by filming, photographing, audio-recording
or any other means. DCLG comments that local people will be able
to film, make audio-recordings and provide written commentaries
during a meeting and provide oral commentaries outside the meeting,
allowing those who are unable to attend the meeting to follow
the proceedings. The Regulations also require a written record
of certain decisions made by officers of such bodies.
36. DCLG states that it did not undertake formal
consultation on the Regulations, but that they were the subject
of an informal soundings exercise with the Local Government Association
(LGA), Lawyers in Local Government, the National Association of
Local Councils (NALC) and the Society of Local Authority Chief
Executives. All but the last-named of these submitted comments,
as did a number of other interested organisations, and a member
of this House.
37. DCLG's account of the outcome of the soundings
exercise identifies no unequivocal support for the Regulations.
For example, the LGA opposed them and commented that "the
Government's approach, as set out in the draft Regulations, appears
completely contrary to the principles of Localism and is in fact
micro-management of the sector." While the NALC supported
the objective of transparency, it raised concerns (in common with
other respondents) that some provisions in the Regulations, such
as filming or recording a meeting, and recording and publishing
decisions taken by officers, would have significant detrimental,
costly and disproportionate effects on local councils.
38. The Department has not been persuaded by
these concerns. As is made clear in the EM, it holds to the belief
that "localism requires robust local scrutiny and local accountability",
and that "allowing the public to attend and report meetings
promotes health democracy and should not be seen as an intrusion
[which does not create] burdens on the councils or local government
bodies." We note that much of the EM consists of similar
declarations; we would urge the Department to bear in mind that
EMs are intended to provide explanation, not exhortation.
39. DCLG proposes to bring the Regulations into
force on the day after which they are made. In the EM, the Department
refers to Ministerial statements and press notices which have
set out the importance of allowing filming and the use of social
media in their meetings. While it refers to two specific press
notices, we understand that there have been no Ministerial Statements
to Parliament about the Regulations. As an instrument subject
to affirmative resolution, the Regulations will be debated in
the House: this will provide the Department with an opportunity
to explain its intentions to Parliament, as well as to the recipients
of its press releases.
Family Court (Composition and Distribution of
Business) Rules 2014 (SI 2014/840) and 15 other instruments11
40. In the first week of April the Ministry of
Justice laid more than a dozen instruments setting out the fine
detail of the arrangements for the unified Family and unified
County Court systems that came into effect from 22 April.[11]
The Family Court (Composition and Distribution of Business) Rules
2014 set out how the bench will be composed (for
example a District Judge will no longer chair magistrates but
will sit on his or her own). They also provide for certain types
of cases (including appeals) to be allocated to certain levels
of judge, makes provision for the authorisation of judges to conduct
specified types of proceedings and prohibits certain levels of
judge from dealing with certain remedies. Other instruments restructure
fees to refer to the appropriate court and ensure that references
in secondary legislation are revised appropriately.
Consumer Protection (Amendment) Regulations 2014
(SI 2014/870)
41. In the Explanatory Memorandum to this instrument,
the Department for Business, Innovation and Skills (BIS) explains
that, in May 2008, the Unfair Commercial Practices Directive (UCPD)[12]
was implemented in the UK by the Consumer Protection from Unfair
Trading Regulations ("the CPRs": SI 2008/1277), which
protect consumers from unfair commercial practices including misleading
actions and aggressive practices. BIS says that a private right
for consumers to take their own action for breach of the CPRs
was not included at that time, because of concern that it could
lead to consumers being given an "undesirable latitude to
sue traders".[13]
42. In February 2010, BIS asked the Law Commission
and Scottish Law Commission ("the Commissions") to consider
reform of the laws of misrepresentation and duress. In March 2012,
the Commissions published their findings, including recommendations
for reform to address gaps in protections, and to provide consumers
with a right to redress when they have been a victim of a misleading
or aggressive commercial practice. The Government accepted most
of the recommendations and published their response, together
with draft Regulations, in August 2013.[14]
In amending the CPRs, these Regulations will enable consumers
to take action to seek such redress. The instrument introduces
standard remedies and an entitlement to seek damages when a consumer
has fallen victim to such practices.
Energy Performance of Buildings (England and Wales)
(Amendment) Regulations 2014 (SI 2014/880)
43. The Department for Communities and Local
Government (DCLG) has laid these Regulations with an Explanatory
Memorandum (EM). In amending the Energy Performance of Buildings
(England and Wales) Regulations 2012 (SI 2012/3118), the instrument
sets new fees for entering data on to the register which is maintained
by the Secretary of State, and also makes amendments to allow
the keeper of the register to disclose general access or bulk
access data from the register to additional persons and for additional
purposes.
44. DCLG brought the Regulations into force four
days after laying them. In the EM, the Department says that it
regrets breaching the 21-day rule, but adds that it has done so
"because it was not possible to secure cross-government agreement
to make the Regulations earlier, following work with the register
operator to determine revised fee levels for entering data onto
the register".
45. We obtained further information from DCLG
about this breach, which we are publishing at Appendix 2. The
Department has set out several reasons why it decided not to delay
beyond 6 April the date at which the Regulations would come into
force. We are not persuaded that any of these reasons justify
the severe curtailment of time for Parliamentary scrutiny which
resulted.
Cycle Racing on Highways (Tour de France 2014)
Regulations 2014 (SI 2014/887)
46. Cycle races on public roads are not normally
permitted to have more than 80 riders. To allow three stages of
the Tour de France 2014 to take place in England on 5, 6 and 7
July 2014, this instrument will make a limited exception to this
rule. For the Tour de France period only, these Regulations increase
the maximum permitted number of competitors to 220, remove the
conditions that normally prevent a race passing along the same
length of road more than once and will allow the races to pass
along roads with speed limits of 40 miles per hour or less. This
year's Tour de France will incorporate stages from Leeds to Harrogate,
York to Sheffield and Cambridge to London and will pass alongside
the House on 7 July.
Diffuse Mesothelioma Payment Scheme (Amendment)
Regulations 2014 (SI 2014/917)
47. The Diffuse Mesothelioma Payment Regulations
(SI 2014/916) set up a scheme to implement the Mesothelioma Act
2014 by making payments to eligible sufferers of diffuse mesothelioma
who are unable to bring a civil action for damages against a liable
employer or that employer's relevant employer liability insurer
because they no longer exist or cannot be traced. The payments
are to be made based on a tariff set out in Schedule 4 to the
Regulations. The commercial process to contract with a provider
to deliver the payment scheme has now been concluded and has resulted
in savings in administrative costs that allow for the levels of
payments to successful applicants to be increased. These amending
Regulations set out the higher rates, which average an additional
£8,000.
9 5th Report of Session 2012-13 (HL Paper 22). Back
10
The Renewable Heat Incentive Scheme Regulations 2011 (SI 2011/2860). Back
11
See also SIs 2014/ 819-21, 841-3, 867, 874-9 and the draft Crime
and Courts Act 2013 (County Court and Family Court: Consequential
Provision) Order 2014. Back
12
Directive 2005/29/EC. Back
13
See the Government's Response to the Consultation Paper on
Implementing the UCPD (December 2006), available at: http://www.berr.gov.uk/files/file35750.pdf
. Back
14
See: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226626/bis-13-1107-government-response-to-consultations-on-misleading-and-aggressive-practices.pdf. Back
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