Instruments of interest
Private Crossings (Signs and Barriers) Regulations 2023
(SI 2023/1112)
14.These Regulations replace regulations from 1996 with updated requirements for the signs and barriers to be placed at the 3,000 private crossings on railways and tramways in Great Britain. The schedule shows a range of designs, from simple notices to ones involving lights and phones, which are deployed according to the risks assessed.
15.The need for revision was prompted by recommendations from the Rail Accident Investigation Branch, following incidents in 2015 and 2017. Although the development period has been longer than ideal, it has been used to consult with experts in how humans react to signs, to test the designs and in extensive public consultation. We are pleased to note that the Department for Transport has given careful consideration to those responses and, as a result, is working on legislation to prescribe equivalent signs in Welsh.
16.Although the Explanatory Memorandum (EM) is clear on the background to the legislation and the changes being made, it did not provide sufficient information on the scale of the problem, the implementation plan or on the cost of replacing the signs. Costs will apply to heritage railway charities as well as mainline operators. Supplementary information on all those points is included in Appendix 1 to this Report but, to ensure that the information is available to all readers, we recommend that the EM is revised to include it.
Official Controls (Plant Health) (Prior Notification) and Phytosanitary Conditions (Amendment) Regulations 2023
(SI 2023/1131)
17.Amongst other changes, this instrument amends retained EU law on plant health to:
- Introduce measures against the import of some plants to prevent certain harmful pests and diseases entering Great Britain (GB).
- Revise the import requirements for certain goods, including potato tubers, to ensure that they are aligned fully with the risk posed by these goods and to prevent harmful pests and diseases being introduced into GB.
- Incorporate existing trade easements, including derogations retained from the EU, which apply to certain wood from Canada and the United States, and which have recently expired or are due to expire soon.
- Change the regulatory status of some pests following a technical review of their current risk to GB biosecurity.
- Remove the requirement to give prior notification to the competent authority of the arrival in GB of certain fruit and vegetables from the EU, Liechtenstein and Switzerland2 as these goods are now categorised as low risk. According to the Department for Environment, Food and Rural Affairs (Defra), this will reduce the administrative burden and cost to traders.
18.We have received a submission from the Democratic Unionist Party which, amongst other issues, expresses concerns about the instrument’s impact on Northern Ireland’s place in the UK. While we do not wish to offer comment on these concerns, we have published the submission and Defra’s response in full on our website. We have also published a submission by Mr Jim Allister MLA (Traditional Unionist Voice) which criticises the instrument.3
Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (SI 2023/1164)
19.This instrument adds the type of dog known as the XL Bully to the list of types of dog that are banned under the Dangerous Dogs Act 1991 (“the 1991 Act”). The Department for Environment, Food and Rural Affairs (Defra) says that while estimating the XL Bully population is difficult, it believes that there are currently around 10,000 such dogs in England and Wales. According to Defra, the ban responds to a “concerning rise in serious attacks and fatalities, which appear to be driven by this type of dog”.
20.The Department explains that once the ban comes into force on 31 December 2023 all owners of XL Bully dogs in England and Wales must keep their dogs on a lead and muzzled when in a public space. The ban will be enforced by the police. It will be an offence to breed from an XL Bully dog; sell, advertise, give away or rehome such a dog, or abandon it or allow it to stray. From 1 February 2024, it will also be a criminal offence to own an XL Bully dog unless the owner has an exemption certificate. Such certificates can only be granted if certain conditions are met which will be set out in a further instrument. A compensation scheme will be set up for the payment of £200 to owners of XL Bully dogs who arrange for them to be destroyed on or before 31 January 2024. Rescue and rehoming organisations will be able to claim a £100 contribution towards any euthanasia cost. Guidance has been published to help identify XL Bully dogs4 and to help owners prepare for the ban.5
Childcare (Childminder Agencies) (Cancellation etc.) (Amendment) Regulations 2023 (SI 2023/1167)
21.Individuals providing childminding services are required to be registered, either directly with the Office for Standards in Education (Ofsted), or with a childminding agency that is itself registered with Ofsted. These Regulations allow childminders registered with an agency that voluntarily terminates its Ofsted registration to continue to provide services for the following six months. Currently, such childminders’ registrations would lapse along with that of the agency, and they would have to stop providing services immediately.
22.The Regulations are in response to the country’s largest agency, Rutland Early Years, announcing its closure as of 30 November 2023. The aim is to ensure continuity of provision and to help in delivering the free early years entitlement places required by legislation. The six-month period is intended to allow childminders to re-register with Ofsted or another agency. The Department for Education (DfE) told us that Ofsted will write to all childcare providers currently registered with Rutland to set out the position and providers’ options, with answers to likely questions. This communication will make clear that if providers do not re-register by 1 June 2024, they will become unregistered. DfE said that Ofsted would also “contact providers regularly during the six month period, not only to remind them that they need to take action if they have not yet done so, but also to stay informed of providers’ intentions”.
2 The Department for Environment, Food & Rural Affairs says that while Norway and Iceland are in the European Economic Area (EEA), the EEA agreement does not cover phytosanitary import controls, and neither countries are included in the EU-Swiss agreement on agriculture. The EU-Swiss agreement gives both Switzerland and Liechtenstein access to the EU single market based on alignment with the EU phytosanitary regime and means that both Switzerland and Liechtenstein can be treated as an EU member state for GB phytosanitary requirements. This does not apply to Norway or Iceland.
3 SLSC, ‘Scrutiny evidence’: https://committees.parliament.uk/committee/255/secondary-legislation-scrutiny-committee/publications/8/scrutiny-evidence/.
4 Department for Environment, Food & Rural Affairs, ‘Guidance: Official definition of an XL Bully dog’ (31 October 2023): https://www.gov.uk/government/publications/official-definition-of-an-xl-bully-dog [accessed 10 November 2023].
5 Department for Environment, Food & Rural Affairs, ‘Guidance: Prepare for the ban on XL Bully dogs’ (31 October 2023): https://www.gov.uk/guidance/prepare-for-the-ban-on-xl-bully-dogs [accessed 10 November 2023].