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House of Lords
House of Commons
Joint Committee on
Statutory Instruments
Eighth Report
of Session 2014-15
Drawing special attention to:
Public Lending Right Scheme 1982 (Commencement of Variations)
Order 2014 (S.I. 2014/1457)
Ordered by the House of Lords to be printed
15 October 2014
Ordered by the House of Commons to be printed
15 October 2014
HL Paper 48
HC 332-viii
Published on 20 October 2014
by authority of the House of Lords
and the House of Commons
London: The Stationery Office Limited
£5.00
Joint Committee on Statutory Instruments
Current membership
House of Lords
Baroness Humphreys (Liberal Democrat)
Lord Kennedy (Labour)
Lord Lyell (Conservative)
Baroness Mallalieu (Labour)
Lord Selkirk (Conservative)
Baroness Stern (Crossbench)
Lord Walpole (Crossbench)
House of Commons
Mr George Mudie MP (Labour, Leeds East) (Chairman)
Michael Ellis MP (Conservative, Northampton North)
John Hemming MP (Liberal Democrat, Birmingham, Yardley)
Mr Ian Liddell-Grainger MP (Conservative, Bridgwater and West
Somerset)
Toby Perkins MP (Labour, Chesterfield)
Powers
The full constitution and powers of the Committee are set out in House of Commons Standing Order
No. 151 and House of Lords Standing Order No. 74, available on the Internet via
www.parliament.uk/jcsi.
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Remit
The Joint Committee on Statutory Instruments (JCSI) is appointed to consider statutory instruments
made in exercise of powers granted by Act of Parliament. Instruments not laid before Parliament are
included within the Committee’s remit; but local instruments and instruments made by devolved
administrations are not considered by JCSI unless they are required to be laid before Parliament.
The role of the JCSI, whose membership is drawn from both Houses of Parliament, is to assess the
technical qualities of each instrument that falls within its remit and to decide whether to draw the
special attention of each House to any instrument on one or more of the following grounds:
i. that it imposes, or sets the amount of, a charge on public revenue or that it requires payment for
a licence, consent or service to be made to the Exchequer, a government department or a public
or local authority, or sets the amount of the payment;
ii. that its parent legislation says that it cannot be challenged in the courts;
iii. that it appears to have retrospective effect without the express authority of the parent
legislation;
iv. that there appears to have been unjustifiable delay in publishing it or laying it before
Parliament;
v. that there appears to have been unjustifiable delay in sending a notification under the proviso
to section 4(1) of the Statutory Instruments Act 1946, where the instrument has come into force
before it has been laid;
vi. that there appears to be doubt about whether there is power to make it or that it appears to
make an unusual or unexpected use of the power to make;
vii. that its form or meaning needs to be explained;
viii. that its drafting appears to be defective;
ix. any other ground which does not go to its merits or the policy behind it.
The Committee usually meets weekly when Parliament is sitting.
Publications
The reports of the Committee are published by The Stationery Office by Order of both Houses. All
publications of the Committee are on the Internet at www.parliament.uk/jcsi.
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Committee staff
The current staff of the Committee are Joanna Welham (Commons Clerk), Jane White (Lords Clerk) and
Liz Booth (Committee Assistant). Advisory Counsel: Peter Davis, Peter Brooksbank, Philip Davies and
Daniel Greenberg (Commons); Nicholas Beach, Peter Milledge and John Crane (Lords).
Contacts
All correspondence should be addressed to the Clerk of the Joint Committee on Statutory Instruments,
7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2026; the
Committee’s email address is: [email protected].
1
Contents
Report
Instruments reported
1 S.I. 2014/1457: Reported for defective drafting
Page
2
2
Instruments not reported
4
Annex
4
Appendix
S.I. 2014/1457: memorandum from the Department for Culture, Media and Sport
11
11
2
Instruments reported
At its m eeting on 15 October 2014 the Committee scrutinised a number of Instruments in
accordance with Standing Orders. It was agreed that the special attention of both Houses
should be drawn to one of those considered. The Instrument and the ground for
reporting it are given below. The relevant Departmental memorandum is published as an
appendi x to this report.
1 S.I. 2014/1457: Reported for defective drafting
Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I.
2014/1457)
1.1 The Committee draws the special attention of both Houses to this Order on the
ground that it is defectively drafted in five respects.
1.2 The Order brings into force variations to the Public Lending Right Scheme 1982 (which
provides for payments to be made to authors based on the number of times their books are
lent out of public libraries) following the extension of the public lending right to narrators
and producers and to audio-books and e-books on 30 June 2014.
1.3 Article 1(3) states: “Unless the context requires otherwise expressions in this Order
have the same meanings as in the Scheme and any reference in the Appendix to an article
shall be a reference to the article so numbered in the Scheme.” The Committee asked the
Department for Culture, Media and Sport to identify whether there is any potential
ambiguity resolved by article 1(3) and, if there is none, to explain why it was included. In a
memorandum printed at Appendix [], the Department explains that on reflection it has
reached the view that there is no potential ambiguity in the Order that needs to be resolved
by article 1(3) and that there is no need for its inclusion. The Department adds that the
provision will not be replicated when the Order is remade. The Committee accordingly
reports article 1(3) for defective drafting, acknowledged by the Department.
1.4 Paragraph 4 of the Appendix inserts new article 9B into the 1982 Scheme. The new
article contains three obvious errors (‘the writer’s shall shall’ for ‘the writer’s share shall’ in
new article 9B(2)(a), ‘the translator’s share share’ for ‘the translator’s share shall’ in new
article 9B(4)(d) and ‘the number … id greater than one’ for ‘the number … is greater than
one’ in new article 9B(5)) as well as an inconsistent omission of ‘and’ at the end of new
article 9B(2)(d). Although these errors are individually trivial, it is clearly unsatisfactory to
have so many errors in the sole significant provision of such a short instrument. The
Committee therefore asked the Department to explain how these errors arose. The
Department’s memorandum explains: “the errors in paragraph 4 of the Appendix occurred
after internal checks had been completed and when the text was being prepared for
validation. The Department regrets that these errors occurred and were not noticed before
the Order was made and laid. The Secretary of State will make an Order bringing into force
amendments to the Public Lending Right Scheme in order to correct these errors at the
earliest opportunity.” The Committee accordingly reports paragraph 4 of the Appendix
for defective drafting in four respects, acknowledged by the Department.
3
1.5 The Committee also notes that the defective drafting identified in this report has
been rectified in S.I. 2014/1945 and commends the Department for its expedition in
rectification.
4
Instruments not reported
At its meeting on 15 October 2014 the Committee considered the Instruments set out in
the Annex to this Report, none of which were required to be reported to both Houses.
Annex
Draft Instruments requiring affirmative approval
Draft S.I.
Misuse of Drugs Act 1971 (Amendm ent) (No. 2) Order 2014
Draft S.I.
Broadcasting (Independent Productions) (Am endment) Order 2014
Draft S.I.
Statutory Shared Parental Pay (General) Regul ations 2014
Draft S.I.
Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave)
Regulations 2014
Draft S.I.
Shared Parental Leave Regul ations 2014
Draft S.I.
Compensation (Claims Management Services) (Am endment) Regulations 2014
Draft S.I.
Regulation of Investigatory Powers (Covert Surveillance and Property
Interference: Code of Practice) Order 2014
Draft S.I.
Regulation of Investigatory Powers (Covert Hum an Intelligence Sources: Code of
Practice) Order 2014
Draft S.I.
Immigration Act 2014 (Bank Accounts) Regulations 2014
Draft S.I.
Immigration Act 2014 (Bank Accounts) (Am endment) Order 2014
Draft S.I.
Immigration Act 2014 (Bank Accounts) (Prohibition on Opening Current Accounts
for Disqualified Persons) Order 2014
Draft S.I.
Electricity and Gas (Energy Companies Obligation) (Amendment) (No. 2) Order
2014
Instruments subject to annulment
S.I. 2014/1511
Child Benefit (General) and the Tax Credits (Residence) (Amendment)
Regulations 2014
S.I. 2014/1512
Merchant Shipping (International Safety Managem ent (ISM) Code)
Regulations 2014
5
S.I. 2014/1601
Feed-in Tariffs (Amendm ent) Order 2014
S.I. 2014/1607
National Health Service Pension Scheme (Amendment No.2) Regulations 2014
S.I. 2014/1610
Criminal Procedure Rules 2014
S.I. 2014/1613
Merchant Shipping (Maritime Labour Convention) (Minimum Requirem ents
for Seafarers etc.) Regulations 2014
S.I. 2014/1614
Merchant Shipping (Maritime Labour Convention) (Consequential and Minor
Amendments) Regulations 2014
S.I. 2014/1615
Merchant Shipping (Maritime Labour Convention) (Recruitment and
Placement) Regulations 2014
S.I. 2014/1639
Acetylene Safety (England and Wales and Scotland) Regulations 2014
S.I. 2014/1663
Genetically Modified Organisms (Contained Use)
Regulations 2014
S.I. 2014/1684
Kimberley Process (Fees) Regulations 2014
S.I. 2014/1685
Teachers’ Disciplinary (Am endment) (England) Regul ations 2014
S.I. 2014/1704
Crime and Courts Act 2013 (Application and Modification of Certain
Enactments) Order 2014
S.I. 2014/1705
Local Authority (Duty to Secure Early Years Provision Free of Charge)
(Amendment) Regulations 2014
S.I. 2014/1710
Local Audit (Auditor Resignation and Removal) Regulations 2014
S.I. 2014/1740
Financial Services and Markets Act 2000 (Regulated Activities) (Am endment)
(No. 3) Order 2014
S.I. 2014/1766
Further and Higher Education (Student Support) (Amendment) Regulations
2014
S.I. 2014/1771
Waste Electrical and El ectronic Equipment and Restriction of the Use of
Certain Hazardous Substances in Electrical and El ectronic Equipment
(Amendment) Regulations 2014
S.I. 2014/1787
Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement)
(Prescription of Arrangement for Monitoring) Order 2014
S.I. 2014/1788
Care Quality Commission (Reviews and Perform ance Assessments) Regulations
2014
6
S.I. 2014/1789
Registration of Civil Partnerships (Fees) Order 2014
S.I. 2014/1790
Registration of Births, Deaths and Marriages (Fees) (Amendm ent) Order 2014
S.I. 2014/1791
Marri age of Same Sex Couples (Registration of Buildings and Appointment of
Authorised Persons) (Amendment) Regulations 2014
S.I. 2014/1797
Housing (Right to Buy) (Prescribed Forms) (Amendm ent) (England) Regulations
2014
S.I. 2014/1806
Political Donations and Regulated Transactions (Anonymous El ectors)
Regulations 2014
S.I. 2014/1811
Port Security (Port of Londonderry) Designation Order 2014
S.I. 2014/1818
Community Legal Service (Funding) (Amendment) Order 2014
S.I. 2014/1822
Co-operative and Community Benefit Societies and Credit Unions
(Arrangements, Reconstructions and Administration) (Am endment) Order
2014
S.I. 2014/1824
Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment)
Regulations 2014
S.I. 2014/1826
Sudan (European Union Financial Sanctions) Regulations 2014
S.I. 2014/1827
South Sudan (European Union Financial Sanctions) Regulations 2014
S.I. 2014/1834
Civil Proceedings Fees (Amendm ent No. 2) Order 2014
S.I. 2014/1862
Road Vehicles (Construction and Use) (Amendment No. 2) Regulations 2014
S.I. 2014/1865
Housing (Right to Buy) (Limit on Discount) (England) (Amendm ent) Order
2014
S.I. 2014/1866
National Curriculum (Exceptions for First, Second, Third and Fourth Key
Stages) (England) (Amendment) Regulations 2014
S.I. 2014/1867
Education (National Curriculum)(Attainment Targets and Programmes of
Study)(Engl and)(Am endment) Order 2014
S.I. 2014/1878
Human Medicines (Amendment) (No. 2) Regulations 2014
S.I. 2014/1896
Export Control (Syria Sanctions) (Am endment) Order 2014
7
S.I. 2014/1899
Local Justice Areas (No. 2) Order 2014
S.I. 2014/1901
First-tier Tribunal and Upper Tribunal (Chambers) (Amendm ent) Order 2014
S.I. 2014/1902
Agriculture (Miscellaneous Revocations) Regulations 2014
S.I. 2014/1919
Judicial Discipline (Prescribed Procedures) Regulations 2014
S.I. 2014/1925
Legal Services Act 2007 (Licensing Authority) Order 2014
S.I. 2014/1933
Tax Credits (Settlement of Appeals) Regulations 2014
S.I. 2014/1940
English Coast (Isle of Wight) Order 2014
S.I. 2014/1945
Public Lending Right Scheme 1982 (Commencement of Variation and
Amendment) Order 2014
S.I. 2014/1955
School Governance (Constitution and Federations) (England) (Amendment)
(No. 2) Regulations 2014
S.I. 2014/1975
Sulphur Content of Liquid Fuels (England and Wales) (Amendment)
Regulations 2014
S.I. 2014/1976
Immigration (European Economic Area) (Amendm ent) (No. 2) Regulations
2014
S.I. 2014/1986
Coal Industry (Superannuation Scheme Winding Up) (Revocations and Savings)
Regulations 2014
S.I. 2014/2044
Civil Procedure (Am endment No. 6) Rul es 2014
S.I. 2014/2054
Ukraine (European Union Financial Sanctions) (No.3) Regulations 2014
S.I. 2014/2067
Prospects College of Advanced Technology (Incorporation) Order 2014
S.I. 2014/2068
Prospects College of Advanced Technology (Governm ent) Regulations 2014
S.I. 2014/2114
Motor Vehicles (Tests) (Amendment) Regulations 2014
S.I. 2014/2115
Goods Vehicles (Plating and Testing) (Amendm ent)
Regulations 2014
S.I. 2014/2116
Road Vehicles (Registration and Licensing) (Amendment) Regul ations 2014
8
S.I. 2014/2117
International Carriage of Dangerous Goods by Road (Fees) (Am endment)
Regulations 2014
S.I. 2014/2118
Public Service Vehicles (Operators’ Licences) (Fees) (Amendment) Regulations
2014
S.I. 2014/2119
Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2014
S.I. 2014/2234
M54 Motorway (Junction 2) and A449 Trunk Road (Link Roads) (Temporary
Restriction of Traffic) Order 2014
S.I. 2014/2263
Serious Organised Crime and Police Act 2005 (Designated Sites under Section
128) (Am endment) (No. 2) Order 2014
S.I. 2014/2264
Vehicle Drivers (Certificates of Professional Competence) (Amendment)
Regulations 2014
S.I. 2014/2341
Licensing Act 2003 (Hearings) (Amendment) Regulations 2014
S.I. 2014/2357
Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014
S.I. 2014/2363
Bathing Water (Amendment) (Engl and) Regulations 2014
S.I. 2014/2366
Smoke Control Areas (Authorised Fuels) (England) (No. 2) Regulations 2014
S.I. 2014/2369
Consumer Credit (Inform ation Requirements and Duration of Licences and
Charges) (Amendm ent) Regulations 2014
S.I. 2014/2371
Financial Services Act 2012 (Consequential Amendments) Order 2014
S.I. 2014/2381
Infrastructure Planning (Applications: Prescribed Forms and Procedure)
(Amendment) Regulations 2014
S.I. 2014/2382
European Economic Interest Grouping and European Public Limited-Liability
Company (Am endment) Regulations 2014
S.I. 2014/2386
Register of Presumed Deaths (Fees) Regulations 2014
S.I. 2014/2398
Immigration and Nationality (Cost Recovery Fees) (Amendm ent) Regulations
2014
S.I. 2014/2400
Community Design (Amendment) Regulations 2014
S.I. 2014/2401
Patents (Amendm ent) (No. 2) Rules 2014
9
S.I. 2014/2402
Independent Police Complaints Commission (Investigation of Offences) Order
2014
S.I. 2014/2403
Police (Performance) (Amendment) Regulations 2014
S.I. 2014/2405
Registered Designs (Amendm ent) Rules 2014
S.I. 2014/2406
Police (Complaints and Misconduct) (Amendment) Regulations 2014
S.I. 2014/2410
Reserve Forces (Payments to Employers and Partners) Regulations 2014
Instruments not subject to Parliamentary proceedings laid before Parliament
S.I. 2014/1849
Immigration (Designation of Travel Bans) (Amendment) Order 2014
Instruments not subject to Parliamentary proceedings not laid before Parliament
S.I. 2014/1452
Welfare Reform Act 2012 (Commencem ent No. 9, 11, 13, 14 and 16 and
Transitional and Transitory Provisions (Amendm ent)) Order 2014
S.I. 2014/1583
Welfare Reform Act 2012 (Commencem ent No. 17 and Transitional and
Transitory Provisions) Order 2014
S.I. 2014/1661
Welfare Reform Act 2012 (Commencem ent No. 9, 11, 13 14, 16 and 17 and
Transitional and Transitory Provisions (Amendm ent)) Order 2014
S.I. 2014/1683
Pensions Act 2011 (Commencem ent No. 5) Order 2014
S.I. 2014/1709
Contracts for Difference (Counterparty Designation)
Order 2014
S.I. 2014/1714
Care Act 2014 (Comm encement No.1) Order 2014
S.I. 2014/1715
Pensions Act 2011 (Commencem ent No. 5) Order 2014
S.I. 2014/1777
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol
Abstinence and Monitoring Requirements) Piloting Order 2014
S.I. 2014/1809
Electoral Administration Act 2006 (Comm encement No. 2) (Northern Ireland)
Order 2014
S.I. 2014/1810
Presumption of Death Act 2013 (Comm encement and Transitional and Saving
Provision) Order 2014
S.I. 2014/1820
Immigration Act 2014 (Comm encement No. 1, Transitory and Saving Provisions)
Order 2014
S.I. 2014/1823
Water Act 2014 (Commencem ent No. 1) Order 2014
10
S.I. 2014/1860
Business Rate Supplements Act 2009 (Commencement No.2) (England) Order
2014
S.I. 2014/1877
Inspectors of Education, Children’s Services and Skills (No. 6) Order 2014
S.I. 2014/1916
Anti-soci al Behaviour, Crime and Policing Act 2014 (Commencement No. 4 and
Transitional Provisions) Order 2014
S.I. 2014/1926
Pensions Act 2004 (Code of Practice) (Funding Defined Benefits) Appointed Day
Order 2014
S.I. 2014/1961
Adoption and Children Act 2002 (Commencement No. 12) Order 2014
S.I. 2014/2069
Intellectual Property Act 2014 (Commencement No. 2) Order 2014
S.I. 2014/2228
Finance Act 2014, Schedule 4 (Tax Relief for Theatrical Production) (Appointed
Day) Order 2014
S.I. 2014/2321
Welfare Reform Act 2012 (Commencem ent No. 19 and Transitional and
Transitory Provisions and Commencement No. 9 and Transitional and Transitory
Provisions (Am endment)) Order 2014
S.I. 2014/2383
Tuberculosis (England) Order 2014
S.I. 2014/2387
Register of Presumed Deaths (Prescribed Information) Regulations 2014
11
Appendix
S.I. 2014/1457: memorandum from the Department for Culture,
Media and Sport
Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I.
2014/1457)
1. This memorandum is submitted in response to the Committee’s request dated 9
July 2014.
2. The Committee has asked:
(1) Identify whether there is any potential ambiguity resolved by Article 1(3) and,
if there is none, explain why it has been included.
(2) Explain how the sole significant provision in this Order (paragraph 4 of the
Appendix) came to have three obvious errors (‘the writer’s shall shall’ for ‘the
writer’s share shall’ in new article 9B(2)(a), ‘the translator’s share share’ for
‘the translator’s share shall’ in new article 9B(4)(d) and ‘the number … id
greater than one’ for ‘the number … is greater than one’ in new article 9B(5))
as well as an inconsistent omission of ‘and’ at the end of new article 9B(2)(d).
3. The Department’s response is as follows.
4. On reflection, the Department has reached the view that there is no potential
ambiguity in the Order that needed to be resolved by Article 1(3) and that there
is no need for its inclusion. Therefore, Article 1(3) will be removed when the
amending Order referred to in paragraph 5 below is made.
5. The errors in paragraph 4 of the Appendix occurred after internal checks had
been completed and when the text was being prepared for validation. The
Department regrets that these errors occurred and were not noticed before the
Order was made and laid. The Secretary of State will make an Order bringing
into force amendments to the Public Lending Right Scheme in order to correct
these errors at the earliest opportunity.
Department for Culture, Media and Sport
15 July 2014