Instruments of interest
Draft Microchipping of Cats and Dogs (England) Regulations 2023
72.This instrument proposes to extend to cats the compulsory microchipping requirement which has been in place for dogs in England since 2016. The draft Regulations would also combine the requirements for cats and dogs in a single instrument and revoke the Regulations15 which introduced the current requirement for dogs in England. The new micro-chipping requirement for cats will come into force on 10 June 2024 but will not apply to feral cats. There will be a penalty of up to £500 for non-compliance.
73.The Department for Environment, Food and Rural Affairs says that a Post Implementation Review concluded that the compulsory microchipping of dogs had led to an increase in the number of stray and stolen animals being reunited with their keepers and a subsequent reduction in the costs for local authorities, animal rescues and shelters. There are currently 9 million cats in England of which around 75% are microchipped voluntarily. The Department says that without intervention, it is unlikely that this rate will increase to the same level as for dogs, of which around 90% are microchipped. There was strong public support for the introduction of compulsory microchipping of cats in a public consultation in 2021.16
Amendments of the Law (Resolution of Silicon Valley Bank UK Limited) Order 2023 (SI 2023/319)
74.This instrument made amendments to the law so that the transfer of shares from Silicon Valley Bank UK Limited (SVB UK) to HSBC UK was effective and executed in a way that “best meets the public interest”. Due to the urgency and commercial sensitivity of the sales process, the instrument came into force before it was laid before Parliament.
75.The US operations of SVB were taken over by US regulators on 10 March 2023. On 13 March 2023, the Bank of England (“the Bank”) exercised its power under the special resolution regime established in the Banking Act 2009 (“the Act”) to transfer the shares of the ring-fenced subsidiary SVB UK to HSBC UK. The Bank said this would “stabilise SVB UK, ensuring the continuity of banking services, minimising disruption to the UK technology sector and supporting confidence in the financial system”. 17
76.The Act allows primary and secondary legislation to be modified, if necessary to facilitate the transaction. Changes made by the instrument included allowing HSBC to provide liquidity to SVB UK at below market rates, and enabling the regulators’ powers to be used, and without prior consultation, in connection with the instrument used to effect the transfer.
77.HM Treasury told us that the Government have not provided any support, guarantees or other commitments to HSBC in connection with this transfer, other than one additional relaxation of ring-fencing rules, and that the Government do not hold any stake in HSBC.
Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2023 (SI 2023/321)
78.This instrument corrects a fault in the prisoner and young offender (YO) disciplinary system, whereby someone accused of committing an offence while in custody may have their case dismissed because the referral system between those who might hear the case does not operate as intended.
79.A disciplinary offence in custody is first heard by the Governor of the institution. Governors can impose a limited range of sanctions. If they believe the case may warrant more serious punishment—for example, days added to the time to serve in custody—the Governor must refer it to an Independent Adjudicator (IA), who will be a District Judge or Deputy District Judge. (The Governor can also refer the case to the police if the offence may warrant a criminal prosecution.) In referring to an IA, the Governor must provide a written justification. Prior to a 2022 Judicial Review (JR),18 if the IA disagreed with the referral, they could return the case to the Governor. The effect of the JR, however, was that an IA cannot return a case if the IA believes the referral is insufficiently justified; instead, the IA must dismiss the case altogether. This instrument will restore the pre-JR position.
80.The Ministry of Justice (MoJ) told us that dismissals had “risen sharply” since the JR. MoJ said that in the third quarter of 2022, 303 of 1,041 concluded IA cases (29%) were dismissed, although these would also include cases with insufficient evidence and cases out of time.
15 Microchipping of Dogs (England) Regulations 2015 (SI 2015/108).
16 Department for Environment, Food and Rural Affairs, ‘Consultation outcome: Summary of responses and government response’, (December 2021): https://www.gov.uk/government/consultations/cat-and-dog-microchipping-and-scanning-in-england/outcome/summary-of-responses-and-government-response [accessed 29 March 2023].
17 Bank of England, ‘Statement on Silicon Valley Bank’ (13 March 2023): https://www.bankofengland.co.uk/news/2023/march/statement-on-silicon-valley-bank [accessed 17 March 2023].
18 High Court, Kane v. Independent Adjudicator and Secretary of State for Justice, EWHC 1376 (Admin), 7 June 2022.