SL(5)232 – The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018

Background and Purpose

This Order revokes six instruments relating to milk quotas, one instrument relating to Agricultural Wages Committees and one instrument relating to the importation of hay and straw. All of them are spent or otherwise superseded. The Order also revokes one instrument relating to flood defence procedures, which is no longer required.

All of the orders are revoked in relation to England and Wales, except the Agricultural Wages Committees (Transitional Provision) Order 1974 which is revoked only in relation to England.

Procedure

Negative.

Technical Scrutiny

One point is identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2(ix) – the instrument is not made in both English and Welsh

This Order has been made as a composite instrument, meaning the Order has been: (a) made by both the Welsh Ministers and the Secretary of State, and (b) laid before both the National Assembly for Wales and the UK Parliament.

As a result, the Order has been made in English only.

The Explanatory Memorandum states that the Order needed to be made on a composite basis in order to “maintain the clarity, accessibility and transparency of the statute book for those required to comply with its provisions through the legislation being revoked in Wales and England”.

Given the legislative history behind the areas of law covered by the Order, we accept there are good reasons to make this Order on a composite basis, but we note the effect that has (i.e. there is no Welsh language version).

Merits Scrutiny

One point is identified for reporting under Standing Order 21.3 in respect of this instrument.

1. Standing Order 21.3(ii) - that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly

We note how clear, helpful and transparent the Explanatory Memorandum is (in particular, the table summarising the legislation that is being revoked), and how helpful that has been to this Committee in scrutinising the Order.

Implications arising from exiting the European Union

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Government Response

No government response is required.

Legal Advisers

Constitutional and Legislative Affairs Committee

21 June 2018