1. I make this Report to the Secretary of State for Northern Ireland under the authority of directions given by the Secretary of State on 13 November 2002 to continue the technical scrutiny during the suspension of the Northern Ireland Assembly under the Northern Ireland Act 2000 (which took effect from 15 October 2002) and to report to the Secretary of State from time to time. My terms of reference expressly refer to statutory rules subject to negative resolution or confirmatory procedure; statutory rules subject to affirmative resolution and statutory rules subject to approval in draft by a resolution of the Assembly are in effect translated by the provisions of the 2000 Act into statutory rules subject to annulment in pursuance of a resolution of either House of Parliament (and as such come under the scrutiny of the Joint Committee on Statutory Rules at Westminster).

2. Technical scrutiny is a convenient shorthand expression intended to cover the matters set out in Assembly Standing Order 41(6) under which I operate when assisting the Assembly and its Committees in the scrutiny of statutory rules and draft rules laid before it. Standing Order 41(6) is in the following terms—

or on any other ground which does not impinge on its merits or the policy behind it.".

3. With one exception, referred to in the next paragraph, this Report covers statutory rules made and laid since the suspension of the Assembly on 15 October 2002: for the most part it, it covers statutory rules laid between the end of November and the dissolution of the Assembly, while still suspended, on 28 April 2003.

THE CONTROLLED WASTE (DUTY OF CARE) REGULATIONS
(NORTHERN IRELAND) 2002 (S.I. 2002/271)

4. I draw attention to the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 (S.R. 2002/271) on the ground that they appear to be defectively drafted in minor respects as acknowledged by the Department of the Environment: there is a reference in regulation 5(d)/new regulation 8(3) to the Animal By-Products Regulations (Northern Ireland) 1993, which Regulations were in fact superseded (shortly before these Regulations were made) by the Animal By-Products Order (Northern Ireland) 2002 (S.R. 2002/209); and the amendment in regulation 5(c) necessitates an adjustment of the numbering of the regulation there amended. The Department intends to bring forward amending Regulations (amending the earlier Controlled Waste Regulations (Northern Ireland) 2003 (S.R. 2002 No. 248)) to deal with those points.

WATER SUPPLY (WATER QUALITY) REGULATIONS
(NORTHERN IRELAND) 2002 (S.I. 2002/331)

5. I draw attention to the Water Supply (Water Quality) Regulations (Northern Ireland) 2002 (S.R. 2002/331) on the ground that there is a problem with the drafting of regulation 32 on offences which seems to render the provision unworkable.

6. I queried with the Department of the Environment the workability of regulation 32 on offences because it seemed to me that it was unworkable as drafted.

7. Regulation 32, in short terms, states that it is an offence (which may be tried on indictment or summarily) for any person to wilfully or negligently to use a process, substance or product in contravention of regulation 30 or 31.

8. Regulation 30, in short terms, prohibits the Department for Regional Development (Water Service) from applying or introducing a substance or product into water used for certain purposes unless it has been approved under other Regulations.

9. Regulation 31, in short terms, allows the Department of the Environment to issue notices requiring the Department for Regional Development (Water Service) to apply for approval for the use of certain processes; and it allows the Department of the Environment to prohibit by notice to the Department for Regional Development (Water Service) the use of processes specified in the notice.

11. It seemed to me that the prohibitions or requirements under regulations 30 and 31 were placed solely on the Department for Regional Development (which Department could not, of course, be prosecuted for an offence under regulation 32) so that there could not be a contravention of regulation 30 or 31 by any other person, hence my query to the Department of the Environment. After some discussion with me, the Department’s response was as follows—

12. I have to say that I do not find the Department’s reasoning persuasive and I still consider that regulation 32 as drafted seems to be unworkable. But I note with approval the Department’s intention to review the regulation and to bring forward suitable amendments at the first available opportunity. I draw attention to the Water Supply (Water Quality) Regulations (Northern Ireland) 2002 (S.R. 2002/331) accordingly.

THE SOCIAL SECURITY, STATUTORY MATERNITY PAY
AND STATUTORY SICK PAY (MISCELLANEOUS
AMENDMENTS) REGULATIONS
(NORTHERN IRELAND) 2002 (S.I. 2002/354)

THE SOCIAL SECURITY, STATUTORY MATERNITY PAY
AND STATUTORY SICK PAY (MISCELLANEOUS
AMENDMENTS NO. 2) REGULATIONS
(NORTHERN IRELAND) 2002 (S.I. 2002/359)

THE SOCIAL SECURITY (PATERNITY AND ADOPTION
AMENDMENT) REGULATIONS (NORTHERN IRELAND)
2002 (S.I. 2002/363)

13. I draw attention to—

(a) the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 (S.R. 2002/354),

(b) the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/359), and

on the ground that, in the case of each of these Regulations, there is a is a breach of the 21-day rule (that is to say, the long-established rule of practice in relation to statutory rules subject to negative resolution whereby the rule-making authority should allow at least 21 days between the laying of the statutory rule and its coming into operation.). But I am satisfied that there was no unjustifiable delay. Parity with Regulations in Great Britain was a major consideration, and some of the relevant primary legislation (more particularly the Social Security Act (Northern Ireland) 2002 and the Employment (Northern Ireland) Order 2002) was only in place for a very short time before the Regulations were made and laid.

THE SHEEP ANNUAL PREMIUM (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/368)

14. I draw attention to the Sheep Annual Premium (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/368) on the ground that there is a breach of the 21-day rule. It seems that the Regulations needed to be in operation by 3 December 2003; that the Department of Agriculture and Rural Development waited a considerable time to see whether there were to be Regulations for England (which in the events that happened there were not) taking account of amendments in the Community Regulations; that a draft was prepared on 22 October 2003, six weeks before the Regulations were due to come into operation, but could not be cleared by the Department’s legal advisers before 15 November 2002; and that further redrafting and clearance by the Minister meant that the Regulations could not be made until 29 November 2003. No doubt the Department is well aware of the potential for delay in the making of Regulations such as these.

PATERNITY AND ADOPTION LEAVE REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/377)

STATUTORY PATERNITY PAY AND STATUTORY ADOPTION PAY
(GENERAL) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/378)

STATUTORY PATERNITY PAY AND STATUTORY ADOPTION PAY
(ADMINISTRATION) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/379)

STATUTORY PATERNITY PAY AND STATUTORY ADOPTION PAY
(WEEKLY RATES) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/380)

STATUTORY PATERNITY PAY AND STATUTORY ADOPTION PAY
(HEALTH AND PERSONAL SOCIAL SERVICES EMPLOYEES)
REGULATIONS (NORTHERN IRELAND) 2002 (S.R. 2002/381)

STATUTORY PATERNITY PAY AND STATUTORY ADOPTION PAY
(PERSONS ABROAD AND MARINERS) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/382)

15. I draw attention to—

(c) the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002 (S.R. 2002/379),

(f) the Statutory Paternity Pay the Statutory Adoption Pay (Persons abroad and Mariners) Regulations (Northern Ireland) 2002 (S.R. 2002/382),

on the ground that these Regulations were all laid after they came into operation: it seems that they came into operation on 8 December 2002 and were either laid on 9 December 2002 (S.R. 2002/80 and S.R. 2002/382) or 17 December 2002. But I note the circumstances, namely, that parity with Regulations in Great Britain was a major consideration, that the enabling primary legislation (contained in provisions of the Employment (Northern Ireland) Order 2002) was not in place until very shortly before the Regulations were made on 6 December 2002, and that in all but one case the concurrence of the Inland Revenue was required. The Department was clearly under a great deal of pressure.

THE JOBSEEKER’S ALLOWANCE (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/388)

16. I draw attention to the Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/388) on the ground that they were laid after they came into operation: the Regulations were made on 16 December 2002, fast on the heels on the Regulations for Great Britain (made on 12 December 2002) to come into operation on 17 December 2002 and 1 January 2002. The normal practice of the Department for Social Development would have been to have laid the Regulations in typescript on 16 December 2002. But because of an oversight (expressly admitted by the Department when laying the Regulations) the Regulations were not laid until 6 January 2003. Given the Department’s punctilious approach to timely laying and the proximity to the Christmas holidays at the time when the Regulations were made, I consider that the delay was excusable in this case.

THE TAX CREDITS (APPEALS) REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/403)

17. I draw attention to the Tax Credits (Appeals) Regulations (Northern Ireland) 2002 (S.R. 2002/403) on the ground that there is a breach of the 21-day rule. The Regulations were made on 19 December 2002, laid on the same day and came into operation on 1 January 2003. Given that the corresponding Regulations for Great Britain were made on 18 December 2002 (albeit that they had been laid before Parliament in draft earlier that month) and came into force on 1 January, the breach of the 21-day seems to be justifiable in this case.

THE FOREST REPRODUCTIVE PRODUCTS REGULATIONS
(NORTHERN IRELAND) 2002 (S.R. 2002/404)

18. I draw attention to the Forest Reproductive Products Regulations (Northern Ireland) 2002 (S.R. 2002/404) on the ground that they appear to be defectively drafted in several respects. I refer to several points peculiar to these Regulations and will ignore (for the purposes of this report, although I have mentioned most of them in correspondence to the Department and Agriculture and Rural Development) a number of minor drafting infelicities shared with the corresponding Regulations made for Great Britain by the Forestry Commission (S.I. 2002/3026).

19. Firstly, in regulation 1 the Regulations are expressed to extend to Northern Ireland. This is unnecessary and inappropriate since the Regulations cannot extend beyond Northern Ireland under the powers recited as their parent legislation (sections 1 and 2 of the Seeds Act (Northern Ireland) 1965 and designation of powers to the Department of Agriculture and Rural Development (by S.I. 2000/2812) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Communities.

20. Secondly, the wording and punctuation of regulation 34 (revocations) has gone slightly wrong: plainly, the words ", the Forest Reproductive Regulations 1977," and the comma after "1993" should not be there. The related footnote is plainly wrong also in referring to the "SI numbers for these two instruments": this is copied straight from the Regulations for Great Britain without any adaptation.

21. I draw attention to the Forest Reproductive Material Regulations (Northern Ireland) 2002 (S.R. 2002/404) accordingly.

PLANNING FEES (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/41)

22. I draw attention to the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/41) on the ground that it raises planning fees by approximately 14 per cent since the last general increase in July 2001 (contained in S.R. 2001/225). I asked the Planning Service of the Department of the Environment for an explanation of the increase and am happy to report the Department’s reply as follows—

THE SEA FISHING (RESTRICTION ON DAYS AT SEA) ORDER
(NORTHERN IRELAND) 2003(S.R. 2003/59)

23. I draw attention to the Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2003 (S.R. 2003/59) on the ground that it is defectively drafted several respects as acknowledged by the Department. (In passing I mention that the Department (albeit in good faith) purported to correct two of the minor drafting defects in the printed version after the Regulations had been made and laid in typescript. This is irregular and I emphasise to Departments generally that the operative text (that is, the main body and Schedules) of a printed statutory rule should faithfully reflect the statutory rule as made by the Department — warts and all, as it were.)

24. Article 1(2) of the Order as made was clearly intended to be split into two paragraphs (as it now appears in the printed version as Article 1(2) and (3)) in order to make sense). And the reference in Article 3(9) to paragraph 3(1)(b) was intended as a reference to paragraph (1)(b) (as it now appears in the printed version).

25. The Joint Committee of both Houses of Parliament drew attention in its Fourteenth Report for Session 2002-2003 dated 18 March 2003 to two further defects in the corresponding Order for England (S.I. 2003/229), which defects apply equally to the Order made by the Department; and the references to the provisions in question are similar.

26. First, Article 3(1), as drafted, could be interpreted as purporting to give rise liability for an offence for activity prohibited retrospectively by the Order: the prohibition, on one reading, begins on 1 February 2003 although the Order does not come into operation until 8 April. The Joint Committee classified this as a drafting defect that gave rise to a doubt as to whether Article 3(1) was intra vires: there was no power for retrospection in the enabling primary legislation. The Department for Environment, Food and Rural Affairs (DEFRA), had submitted to the Committee that in view of Article 7(1) of the European Convention on Human Rights and the prohibition on retrospective offences a court would (under section 3 of the Human Rights Act 1998) interpret Article 3(1) so as be compatible with Article 7(1) ECHR by effectively deleting the retrospective element. DEFRA had also submitted that there was no vires for the Order to have retrospective effect. So DEFRA had no answer to the Joint Committee’s point.

27. Second, there was a drafting error on the face of Article 12(2) as acknowledged by DEFRA. The provision read—

whereas it should have read—

28. The Department intends to bring forward an amending Order at an early opportunity.

VALUATION (RAILWAYS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R.2003/72)

VALUATION (NATURAL GAS UNDERTAKING) REGULATIONS
(NOTHERN IRELAND) 2003 (S.R.2003/72)

VALUATION (WATER UNDERTAKING) REGULATIONS
(NOTHERN IRELAND) 2003 (S.R.2003/72)

29. I draw attention to—

on the ground that they breach the 21-day rule, and indeed S.R. 2003/71 was laid after it came into operation. All these statutory rules are of a very technical nature, treating certain property occupied by utilities which would otherwise be separate hereditaments for rating purposes as single hereditaments. From the explanation of the Department of Finance and Personnel it appears that the need for the first-mentioned Order (S.R. 2003/76) only emerged from legal advice at a very late stage in relation to another statutory rule (S.R. 2003/76) which was laid before Parliament and that its timetable was constrained by that other statutory rule. No explanation was offered for the breaches of the 21-day rule in respect of S.R. 2003/185 and S.R. 2003/186 (both laid on 24 March 2001 but clearly those rules needed to be in operation by 1 April 2003 for the beginning of the rating year; and I am conscious that the Department was dealing with a large number of statutory rules coming into operation on 1 April 2003 and arising out of the 2003 revaluation in respect of non-domestic rating.

THE CHILD SUPPORT AND SOCIAL SECURITY
(MISCELLANEOUS AMENDMENTS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/84)

THE CHILD SUPPORT AND SOCIAL SECURITY
(TRANSITIONAL PROVISION) (MISCELLANEOUS AMENDMENTS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R.2003/91)

31. I draw attention to—

(a) the Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), and

on the ground that they breach the 21-day rule. In both cases the Regulations were made and laid in very close step with the timetable of the corresponding Regulations for Great Britain; and in both cases they were laid on the same day as they were made that they were laid before they came into operation.

INFECTED WATERS (INFECTIOUS PANCREATIC NECROSIS) ORDER
(NORTHERN IRELAND) 2003 (S.R. 2003/87)

INFECTED WATERS (INFECTIOUS PANCREATIC NECROSIS)
REVOCATION ORDER (NORTHERN IRELAND) 2003 (S.R. 2003/242)

INFECTED WATERS (INFECTIOUS PANCREATIC NECROSIS) (NO.2) ORDER
(NORTHERN IRELAND) 2003
(S.R. 2003/243)

32. I draw attention to the Infected Waters (Infectious Pancreatic Necrosis) Order (Northern Ireland) 2003 (S.R. 2003/87) on the ground that it breaches the 21-day rule. But am satisfied with the explanation given by the Department of Agriculture and Rural Development that the Order "enables the Department to take emergency measures to eradicate and control the infectious pancreatic necrosis virus which has been confirmed on a fish farm in County Antrim". The Department made the Order and laid it the same day so that it was laid before it came into operation. I note in passing the Infected Waters (Infectious Pancreatic Necrosis) Revocation Order (Northern Ireland) 2003 (S.R. 2003/242) (which revokes S.R. 2003/87). I note also also the Infected Waters (Infectious Pancreatic Necrosis) (No.2) Order (Northern Ireland) 2003 (S.R. 2003/243) (which deals with a further incidence of infectious pancreatic necrosis elsewhere: similar considerations apply to that Order as applied to S.R. 2003/87.

LIVESTOCK AND MEAT COMMISSION (LEVY) (NO 2) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/104)

33. I draw attention to the Livestock and Meat Commission (Levy) (No 2) Regulations (Northern Ireland)2003 (S.R. 2003/104) on the ground that they breach the 21-day rule. But they do so to supersede S.R. 2003 No. 21 (which they revoke) to correct two errors and I am pleased to say that the Department for Agriculture and Rural Development has followed the practice on issuing the new Regulations free of charge. I commend the Department and its legal advisers for spotting the errors (which, it seems, affected the vires of the earlier Regulations in two respects) and for taking prompt action to remedy them in further Regulations.

COUNCILLORS (TRAVELLING AND SUBSISTENCE ALLOWANCES)
(AMENDMENT) REGULATIONS (NORTHERN IRELAND)
2003 (S.R. 2003/125)

34. I draw attention to the Councillors (Travelling and Subsistence Allowances) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/125) on the ground that they appear to be defectively drafted in one respect as acknowledged by the Department of the Environment. New regulation 6(2)(a)adds pedal cycles to the kinds of vehicles specified in relation to the payment of travelling allowances. Elsewhere references are to motor vehicles and it seemed to me that the Department of the Environment overlooked the need to alter the references to motor vehicles to take account of pedal cycles in new. The Department acknowledges that the Regulations are defectively drafted in this respect and intends to bring forward an amendment at the first available opportunity.

THE TEACHERS’ SUPERANNUATION (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/147)

35. I draw attention to the Teachers’ Superannuation (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/147) on the ground that they breach the 21-day rule. The Department of Education has offered an explanation which seems to be the effect that the printed copies were not available in time to meet the 21-day rule. But of course the Department could have laid the Regulations in typescript and probably could have thereby avoided the breach of the 21-day rule. As it happens, these Regulations appear to be in the nature of internal financial housekeeping of a technical administrative nature and are retrospective in effect as authorised by Article 14(1) of the Superannuation (Northern Ireland) Order 1972.

Dangerous Substances and Explosive Atmospheres Regulations
(Northern Ireland) 2003 (S.R. 2003/152)

36. I draw attention to the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003 (S.R. 2003/152) on the ground that they marginally breach the 21-day. The Department of Enterprise, Trade and Investment was under pressure to make them in order to implement (late) Council Directive 98/24/EC. It seems that there were late difficulties with the printed version. But, as I mentioned in the previous paragraph, it appears that the Department could have laid the Regulations in typescript when it emerged that the printed version would be delayed.

LESS FAVOURED AREA COMPENSATORY ALLOWANCES REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/162)

37. I draw attention to the Less Favoured Area Compensatory Allowances Regulations (Northern Ireland) 2003 (S.R. 2003/162) on the ground that it breaches the 21-day rule. The Department for Agriculture and Rural Development has explained that the breach was to facilitate the payment of Less Favoured Area Compensatory Allowance before the end of the financial year ending 31 March 2003. It has further explained that the relevant Regulations for England were not available until about 4 weeks before the making of these Regulations and that the Department and its legal advisers needed time to consider the English Regulations.

THE GENETICALLY MODIFIED ORGANISMS
(DELIBERATE RELEASE) REGULATIONS
(NORTHERN IRELAND)
2003 (S.R. 2003/167)

38. I draw attention to the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 (S.R. 2003/167) on the ground that they are defectively drafted in one respect as acknowledged by the Department of the Environment: I am pleased to report that the Department has very quickly corrected the error in amending Regulations (S.R. 2002/206). Regulation 37 (made under section 2(2) of the European Communities Act 1972, which, given the content of the Regulations on the implementation of Council Directive 2001/18/EC, seemed appropriate to me) amended the Genetically Modified Organisms (Northern Ireland) Order 1991 to provide for the appointment of an advisory committee. But the amendment, as drafted in these Regulations, did not make sense because, having provided for the appointment of the committee by the Department, it went on to provide that the committee was the committee appointed by the Secretary of State under section 124 of the Environmental Protection Act 1990: plainly, there was a contradiction on the face of the provision about the appointment of the committee, as I pointed out to the Department.

THE HOUSING SUPPORT SERVICES REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/172)

39. I draw attention to the Housing Support Services Regulations (Northern Ireland) 2003 (S.R. 2003/172) on the ground that they breach the 21-day rule. The Department for Social Development has explained that the Regulations had to come into operation on 1 April 2003 and that there was the need to consult the Northern Ireland Housing Executive and other persons before they were made.

OPTICAL CHARGES AND PAYMENTS AND GENERAL
OPHTHALMIC SERVICES (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/176)

40. I draw attention to the Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/176) on the ground that they breach the 21-day rule. But I note that the Regulations were made and laid within four days of the corresponding regulations for England (S.I. 2003/657).

THE HOUSING BENEFIT (GENERAL) (AMENDMENT NO 4) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/187)

THE HOUSING BENEFIT (GENERAL) (AMENDMENT NO 3) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/189)

THE STATE PENSION CREDIT (CONSEQUENTIAL, TRANSITIONAL AND
MISCELLANEOUS PROVISIONS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/191)

SOCIAL SECURITY (WORKING TAX CREDIT AND
CHILD TAX CREDIT CONSEQUENTIAL AMENDMENTS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/195)

THE INCOME-RELATED BENEFITS AND JOBSEEKER’S ALLOWANCE
(WORKING TAX CREDIT AND CHILD TAX CREDIT AMENDMENT NO 2) REGULATIONS
(NORTHERN IRELAND) 2003
(S.R. 2003/196)

THE HOUSING BENEFIT (STATE PENSION CREDIT)
REGULATIONS (NORTHERN IRELAND) 2003
(S.R. 2003/197)

THE SOCIAL SECURITY (WORKING TAX CREDIT AND
CHILD TAX CREDIT CONSEQUENTIAL AMENDMENTS NO. 2) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/213)

41. I draw attention to—

(c) the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 (S.R. 2003/191),

on the ground that they breach the 21-day rule. I note that they are all Regulations for which parity with Regulations for Great Britain (including their commencement dates) is a particular consideration; that they are made at a time when the Department for Social Development is plainly making a large number of statutory rules; and that, as regards the Regulations on state pension credits, the primary legislation was not in place until almost five months after that for Great Britain, so that the Department had to make up some ground.

PRODUCTS OF ANIMAL ORIGIN
(THIRD COUNTRY IMPORTS) (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/215)

42. I draw attention to the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/215) on the grounds that they breach the 21-day rule, that they were laid after they came into operation, and that they are defectively drafted in one respect.

43. First, the Regulations were made, and came into operation, 3 April 2003, and were laid on 14 April 2003. That is something that is something that could well be criticised. I pointed out to the Department of Agriculture and Rural Development that in would plainly have been better to have laid the regulations in typescript, in accordance with the guidance to Departments, on 3 April 2003 rather than to have waited for the printed copies.

44. I think it useful to draw attention to the drafting defective in this case (and I note that it is a defect that also seems to occur in the corresponding Regulations made for England in S.I. 2002/3206, upon which the drafting of these Regulations was plainly based). It is important as an illustration of the proper way to make textual amendments in respect of Schedules. Regulation 2(4) says that—

But the intention, not fully reflected in the amendment, was to say something along the following lines—

The essential point is that text is being inserted into the principal Regulations by the amending provision, and the wording of the amending provision should accurately reflect that: see the missing words I have italicised and underlined. I made a similar point in my previous report of 16 December 2002 in relation to the Bovines and Bovine Products (Trade) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/278), albeit that the defect is less pronounced here than it was there.

EMPLOYMENT RIGHTS (NORTHERN IRELAND) ORDER 1996
(APPLICATION OF ARTICLE 112B TO ADOPTIONS FROM OVERSEAS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/220)

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS (NORTHERN IRELAND) ACT 1992 (APPLICATION OF PARTS XIIZA AND XIIZB TO ADOPTIONS FROM OVERSEAS) REGULATIONS (NORTHERN IRELAND) 2003 (S.R. 2003/221)

PATERNITY AND ADOPTION LEAVE (ADOPTION FROM OVERSEAS) REGULATIONS
(NORTHERN IRELAND) 2003 (S.R. 2003/222)

STATUTORY PATERNITY PAY (ADOPTION) AND STATUTORY ADOPTION PAY
(ADOPTION FROM OVERSEAS)
REGULATIONS (NORTHERN IRELAND) 2003 (S.R. 2003/223)

45. I draw attention to—

on the ground that they were laid after they came into operation. But in advance of their laying the Department for Employment and Learning sent me an explanation, which seems reasonable in the circumstances. This is the second tranche of subordinate legislation arising from the Employment (Northern Ireland) Order 2002 and there is a commitment to parity with the corresponding provisions for Great Britain in and under the Employment Act 2002: the Northern Ireland Regulations were made within a few weeks of the corresponding Regulations for Great Britain and the Department was clearly under a great deal of pressure to make the Regulations. In the circumstances I am satisfied with the Department’s explanation.

THE AUDIT AND ACCOUNTABILITY (NORTHERN IRELAND) ORDER 2003
(NORTHERN IRELAND) 2003 (STATUTORY RIGHT OF ACCESS:
EXCLUSIONS) (S.R. 2003/253)

46. I draw attention to the Audit and Accountability (Northern Ireland) Order 2003 (Northern Ireland) 2003 (Statutory Right of Access: Exclusions) (S.R. 2003/253) on the basis that they are defectively drafted in one respect, as acknowledged by the Department of Finance and Personnel, in that the title and citation of the Order in Article 1 (in the version laid in typescript) do not match (as of course they should): the Department streamlined the title but did not revise the citation in Article 1 before the Order was made. (The title and the citation match on the HMSO website version, and I again repeat to Departments that the operative text of a statutory rule should not be altered, except by way of an amending statutory rule, after the statutory rule has been made: see paragraph 23.)

Examiner of Statutory Rules
10 July 2003

Local Government Pension Scheme Regulations (Northern Ireland) 2002 (S.R. 2002/352)

Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002/353)

Maternity and Parental Leave (Amendment No. 3) Regulations (Northern Ireland) 2002 (S.R. 2002/355)

Electricity (Applications for Consent) (Fees) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/364)

Moore’s Lane, Lurgan (Stopping-up) Order (Northern Ireland) 2002 (S.R. 2002/365)

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2002 (S.R. 2002/367)

The Occupational Pension Schemes (Revaluation) Order (Northern Ireland) 2002 (S.R. 2002/369)

Fisheries (Amendment No. 3) Byelaws (Northern Ireland) 2002 (S.R. 2002/371)

Fisheries (Tagging and Logbook) (Amendment) Byelaws (Northern Ireland) 2002 (S.R. 2002/372)

The Road Traffic (Health Services Charges) (Amendment No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/373)

The Driving Licences (Community Driving Licences) Regulations (Northern Ireland) 2002 (S.R. 2002/374)

Motor Vehicles (Construction and Use) (Amendment No. 4) Regulations (Northern Ireland) 2002 (S.R. 2002/375)

Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/383)

Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/384)

The Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002 (S.R. 2002/386)

Ballee Road East, Ballymena (Abandonment) Order (Northern Ireland) 2002 (S.R. 2002/387)

The Teachers’ (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/393)

The Airport Byelaws (Designation) Order (Northern Ireland) 2002 (S.R. 2002/396)

Pharmaceutical Services and Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/397)

Compulsory Registration of Title Order (Northern Ireland) 2002 (S.R. 2002/400)

Compulsory Registration of Title (No. 2) Order (Northern Ireland) 2002 (S.R. 2002/401)

Route B80 Tempo Road, Ratoran (Abandonment) Order (Northern Ireland) 2002 (S.R. 2002/402)

Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/407)

The Social Security Administration (Northern Ireland) Act 1992 (Amendment) Order (Northern Ireland) 2002 (S.R. 2002/408)

Rates (Making and Levying Different Rates) Regulations (Northern Ireland) 2002 (S.R. 2002/409)

The Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/410)

The Income-Related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/1)

Plastic Material and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/2)

Companies (Northern Ireland) Order 1986 (Electronic Communications) Order (Northern Ireland) 2003 (S.R. 2003/3)

Companies (Principal Business Activities) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/4)

The Foreign Companies (Execution of Documents) Regulations (Northern Ireland) 2003 (S.R. 2003/5)

General Medical Services (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/6)

The Anti-Pollution Works Regulations (Northern Ireland) 2003 (S.R. 2003/7)

Road Vehicles (Testing) (Disclosure of Information) Regulations (Northern Ireland) 2003 (S.R. 2003/8)

Animal By-Products (Identification) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/9)

Kava-kava in Food Regulations (Northern Ireland) 2003 (S.R. 2003/10)

Road Service Licensing (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/14)

The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 (S.R. 2003/ 16)

Road Vehicles (Lighting) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/19)

Livestock Marketing Commission (Levy) Regulations (Northern Ireland) 2003 (S.R. 2003/21)

State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003/28)

Valuation for Rating (Decapitalisation Rate) Regulations (Northern Ireland) 2003 (S.R. 2003/30)

Control of Asbestos at Work Regulations (Northern Ireland) 2003 (S.R. 2003/33)

Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (S.R. 2003/34)

Control of Lead at Work Regulations (Northern Ireland) 2003 (S.R. 2003/35)

Notification of New Substances (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/36)

Public Service Vehicles Accessibility Regulations (Northern Ireland) 2003 (S.R. 2003/37)

Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/38)

Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/39)

Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/40)

Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/42)

The Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/44)

The Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/45)

Miscellaneous Charges (Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/48)

Health and Safety at Work (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 (S.R. 2003/52)

The Child Support (Applications: Prescribed Date) Regulations (Northern Ireland) 2003 (S.R. 2003/56)

The Social Security (Child Maintenance Premium and Miscellaneous Amendments) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/57)

The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2003 (S.R. 2003/61)

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/63)

Motor Vehicles (Driving Licences) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/64)

Motor Cars (Driving Instruction) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/65)

Potatoes Originating in Egypt (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/70)

General Opthalmic Services (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/74)

Plant Protection Products (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/79)

The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/80)

Motor Vehicles (Driving Licences) (Designation of Relevant External Law) Order (Northern Ireland) 2003 (S.R. 2003/83)

The Social Security (Low Earnings Threshold) Order (Northern Ireland) 2003(S.R. 2003/85)

The Teachers’ (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/86)

Valuation (Telecommunications) Regulations (Northern Ireland) 2003 (S.R. 2003/93)

The Radioactive Substances (Natural Gas) Exemption Order (Northern Ireland) 2003 (S.R. 2003/95)

The Industrial Pollution Control (Prescribed Processes and Substances) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/96)

The Environmental Protection (Controls on Ozone Depleting Substances) Regulations (Northern Ireland) 2003 (S.R. 2003/97)

Planning (General Development) (Amendment) Order (Northern Ireland) 2003 (S.R. 2003/98)

Public Services Vehicles (Licence Fees) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/99)

Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/100)

Motor Vehicles (Testing) (Amendment) (Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/101)

Goods Vehicles (Testing) (Fees) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/102)

The Marketing and Use of Dangerous Substances Regulations (Amendment No. 2) (Northern Ireland) 2003 (S.R. 2003/105)

The Marketing and Use of Dangerous Substances (No 2) Regulations (Northern Ireland) 2003 (S.R. 2003/106)

The Social Security (Work-focused Interviews for Lone Parents Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/107)

The Housing Benefit (General) (Amendment No 2) Regulations (Northern Ireland) 2003 (S.R. 2003/108)

The Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations (Northern Ireland) 2003 (S.R. 2003/109)

M1/A1 (Sprucefield Interchange) Order (Northern Ireland) 2003 (S.R. 2003/112)

Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment) Regulations 2003 (S.R. 2003/114)

The Zoos Licensing Regulations (Northern Ireland) 2003 (S.R. 2003/115)

Trunk Road T4 (Greenan to Corgary) Order (Northern Ireland) 2003 (S.R. 2003/116)

The Social Fund (Maternity and Funeral Expenses) (General) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/117)

The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/118)

Working Time (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/119)

The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/121)

Pesticides (Maximum Residue Levels in Crop, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/123)

Motor Vehicles (Approval) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/124)

General Medical Services (Amendment No 2) Regulations (Northern Ireland) 2003 (S.R. 2003/133)

Dental Charges (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/134)

General Dental Services (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/135)

The Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003 (S.R. 2003/136)

The Social Care Tribunals Rules (Northern Ireland) 2003 (S.R. 2003/138)

The Northern Ireland Social Care Council (Description of Social Care Workers) Order (Northern Ireland) 2003 (S.R. 2003/139)

Rates (Transitional Relief) Order (Northern Ireland) 2003 (S.R. 2003/143)

Motor Vehicles (Construction and Use) (Amendment No 2) Regulations (Northern Ireland) 2003 (S.R. 2003/145)

The Social Security Revaluation of Earnings Factors Order (Northern Ireland) 2003 (S.R. 2003/146)

Desertmartin Road, Tobermore (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/148)

M1-M2 Link (Belfast) Order (Northern Ireland) 2003 (S.R. 2003/149)

The Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2003 (S.R.2003/150)

The Social Security (Credits) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/151)

Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/153)

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/154)

The Social Security Up-Rating Benefits Order (Northern Ireland) 2003 (S.R. 2003/155)

The Social Security Benefits Up-Rating Regulations (Northern Ireland) 2003) (S.R. 2003/156)

The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order (Northern Ireland) 2003 (S.R. 2003/157)

Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/158)

Food Labelling (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/159)

Fish Labelling Regulations (Northern Ireland) 2003 (S.R. 2003/160)

The Social Security (Earnings Factor) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/161)

The Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/164)

The Marketing and Use of Dangerous Substances (No 3) Regulations (Northern Ireland) 2003 (S.R. 2003/165)

The Education (Student Loans) Repayment (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/166)

The Social Security (Maternity Allowance) (Earnings) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/168)

Travelling Expenses and Remission of Charges (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/170)

The Housing Support Services (2002 Order) (Commencement) Order (Northern Ireland) 2003 (S.R. 2003/171)

Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003 (S.R. 2003/173)

Flexible Working (Eligibility, Complaints and Remedies) Regulations (S.R. 2003/174)

The Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2003 (S.R. 2003/175)

Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/182)

Motor Vehicles (Driving Licences) (Amendment No 2) Regulations (Northern Ireland) 2003 (S.R. 2003/183)

Slaughter Premium (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/192)

The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2003 (S.R. 2003/193)

The Surface Waters (Fishlife) (Classification) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/194)

Cregagh Road, Castlereagh (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/198)

The Welfare Foods (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/202)

General Medical Services (Amendment No 3) Regulations (Northern Ireland) 2003 (S.R. 2003/205)

The Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/206)

Fire Services (Appointments and Promotion) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/207)

The Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 (S.R. 2003/208)

The Large Combustion Plants Regulations (Northern Ireland) 2003 (S.R. 2003/210)

Traffic Signs (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/214)

The Road Transport (qualifications of Operators) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/217)

B 30 Newry Road, Crossmaglen (Abandonment) Order (Northern Ireland) 2003 (S.R. 2003/216)

The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/224)

The Social Security (Incapacity Benefit) (Her Majesty’s Forces) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/231)

Gaming (Bingo) Regulations (Northern Ireland) 2003 (S.R. 2003/233)

Housing Renovation etc. Grants (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/234)

The Plant Health (Amendment) Order (Northern Ireland) 2003 (S.R. 2003/235)

Street Works Register (Registration Fees) Regulations (Northern Ireland) 2003 (S.R. 2003/236)

Employment Rights (Increase of Limits) Order (Northern Ireland) 2003 (S.R. 2003/241)

Bangor (Harbour Area) Order (Northern Ireland) 2003 (S.R. 2003/249)

Groomsport (Harbour Area) Order (Northern Ireland) 2003 (S.R. 2003/250)

Ballycastle (Harbour Area) Order (Northern Ireland) 2003 (S.R. 2003/251)

Rathlin (Harbour Area) Order (Northern Ireland) 2003 (S.R. 2003/252)

Registration of Foreign Adoption Regulations (Northern Ireland) 2003 (S.R. 2003/255)

The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/256)