Appendix 1: Correspondence: Sunset provisions in statutory instruments dealing with COVID-19
Letter from Lord Hodgson of Astley Abbotts, Chair of the Secondary Legislation Scrutiny Committee, to the Rt Hon. Jacob Rees-Mogg MP, Leader of the House of Commons
I wrote to you on 23 April to ask for an explanation of the use of sunset provisions in statutory instruments dealing with the Coronavirus pandemic, and for a list of all such instruments laid before the House at the time that contain sunset provisions, along with the expiry date of those provisions, and subsequent monthly updates for publication in our reports.
You responded on 30 April with a helpful explanation of the use of sunset provisions and how they are monitored by departments, and an overview of all instruments containing such provisions at the time. We were disappointed as we did not receive a monthly update of this table in May, we contacted your office and were told that there had been no commitment to provide an update as the information about sunset provisions was public. Your office explained that each instrument must clearly outline if a sunset provision is included and set out the rationale in the Explanatory Memorandum (EM). We were advised that all Coronavirus-related secondary legislation is identified through its title and listed on the legislation.gov.uk website.
We are of course aware of these presentational arrangements. We are surprised, however, that there does not seem to be a readily available and up-to-date overview of instruments that contain sunset provisions that you could share with us. The idea of such an overview is to bring the information together in one place rather than having to scan the EM of every pandemic-related instrument for the potential use of a sunset provision and its expiry date. To date, our Committee has considered almost 100 different instruments dealing with the pandemic.
We would therefore still welcome a monthly updated overview to be published in our reports. We believe that this would enhance transparency and assist us and the House more widely in scrutinising the legislation.
2 July 2020
Letter from Jacob Rees-Mogg MP to Lord Hodgson
Thank you for your letter of 1 July 2020 regarding sunset provisions in statutory instruments (SIs) made in response to the coronavirus pandemic. As of 8 July the Government has laid 118 Sis that fall into this category, of which 36 include a specific sunset provision.
The Government is keen to assist your Committee in its scrutiny function. Attached at Annex A is therefore a list of the SIs made in response to the pandemic that include a specific sunset provision along with the timing of that provision. This adds to the detail provided in my letter of 30 April and this information is also included in the Explanatory Notes to each SI.
As outlined in my previous letter, sunset provisions are not the only method by which Sls can be time limited to ensure they are only in effect for as long as needed. Some Sis are required to be continuously kept under review in line with the Coronavirus Act 2020, whilst some, such as the health protection regulations which enforce the restrictions on social distancing, include a provision which obliges the Secretary of State to review regularly the need for the restrictions. Others are one-off legislative changes and set out the timeframe for which they will apply, for example the academic year.
The Government continues to take every step to be as transparent as possible when bringing forward the urgent legislation needed to respond to the pandemic and whether or not it is appropriate to include a sunset provision is always carefully considered.
I trust that this further information is helpful to the Committee in its work in scrutinising this crucial area of legislation. I will continue to provide an updated list to your Committee at the beginning of every month.
12 July 2020
Annex A
Table 1: COVID-19 SIs with specific sunset provisions
Dept |
Title |
Sunset Provision |
|
DHSC |
Health Protection (Coronavirus) Regulations 2020 |
10/02/2022 |
|
DHSC |
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 |
23/09/2020 — This SI was revoked by the below SI. |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 |
26/09/2020 — Now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
DHSC |
The Safeguarding Vulnerable Groups Act 2006 (Regulated Activities) (Coronavirus) Order 2020 |
31/10/2020 |
|
HO |
Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 |
27/03/2021 |
|
MHCLG |
Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 |
31/12/2020 |
|
DWP |
Universal Credit and Employment Support Allowance Amendment Regulations 2020 |
12/11/2020 |
|
DWP |
Northern Ireland equivalent to above |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Regulations 2020 |
12/11/2020 |
|
DWP |
Social Security (Coronavirus) (Further Measures) Northern Ireland Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 |
12/11/2020 |
|
DWP |
The Social Security (Coronavirus) (Prisoners) Regulations 2020 Northern Ireland |
12/11/2020 |
|
DfE |
The School Admissions (Appeals Arrangements) (England) (Amendment) (Coronavirus) Regulations 2020 |
31/01/2021 |
|
DfE |
The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 |
25/09/20 |
|
DfT |
The Motor Vehicles (Tests) (Amendment) Regulations 2020 |
30/09/2021 |
|
DfE |
The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 |
25/09/2020 |
|
DfE |
The Education (School Teachers’ Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 |
01/09/2020 |
|
BEIS |
Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 |
01/08/20 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 |
26/09/20 — Now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
MHCLG |
The Town and Country Planning (Development Management Procedure) (England) (Coronavirus) (Amendment) Order 2020 |
31/12/2020 |
|
MoJ |
Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 |
25/03/2022 |
|
MoJ |
The Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 |
08/06/2021 |
|
DIT |
The Traffic Order Procedure (England) (Coronavirus) (Amendment) Regulations 2020 |
30/04/2021 |
|
DfE |
School Forums (Coronavirus) SI |
01/04/2021 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 |
26/09/2020 — now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
DHSC |
Health Protection (Coronavirus, International Travel) (England) Regulations 2020 |
08/06/2021 |
|
DIT |
The Health Protection (Coronavirus, Public Health Advice for Passengers) (England) Regulations 2020 |
08/06/21 — Updated by regulations laid on 6 July. |
|
DIT/DHSC |
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 (S.I., 2020, No. 592) |
15/06/21 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 |
26/08/2020 — now revoked by Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
|
MoJ |
Competition Appeals Tribunal |
25/03/2022 |
|
BEIS |
The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 |
05/04/2021 |
|
BEIS |
Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 |
31/03/21 |
|
MOJ |
The Secure Training Centre (Amendment) (Coronavirus) Rules 2020 |
25/03/22 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020 |
04/01/2021 |
|
DHSC |
Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 |
04/01/2021 |
|
DHSC |
The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020 |
08/06/21 |
Source: Leader of the House of Commons