HC Deb 30 October 2001 vol 373 cc581-2W
Brian Cotter

To ask the Secretary of State for Trade and Industry which regulations issued by her Department since 27 November 2000 have been subject to a consultation period of less than 12 weeks. [8775]

Ms Hewitt

The Code of Practice on Consultations announced by the Prime Minister on 27 November 2000 applies to all consultations launched after 1 January 2001.

Two regulations introduced since 27 November 2000 were subject to a consultation period of less than 12 weeks launched since 1 January 2001.

In the case of 'The Working Time (Amendment) Regulations 2001' there was a short one-month consultation, running from 28 June to 27 July 2001. The 12-week period was reduced on the grounds of the urgent need to amend a UK law, following a judgment by the European Court of Justice that the annual leave qualifying period contained within the original regulations was contrary to the Working Time Directive.

In the case of 'The Electricity (Class Exemptions from the Requirement for a Licence) Order 2001', there was a one-month consultation period, which reflected the original intention of having the order in force by June 2001. Three previous consultations on the individual elements of this measure (dealing with electricity generation, distribution and supply) had taken place in November 1999, March 2000 and July 2000.

Consultation lasting fewer than 12 weeks was undertaken prior to the introduction of the Consultation Code in respect of the following regulations, which were then introduced after 27 November 2000: The Unsolicited Goods and Services Act 1971 (Electronic Communications) Order 2001; The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001: The Patents (Amendment) Rules 2001: Implementation of Articles 13 and 14 of Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions; The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001; The Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2000; The Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001.

A number of orders introduced since 27 November 2000 have licensed companies to provide public telecommunications services. In these cases a statutory consultation period of not less than 28 days was carried out in line with the requirements of the Telecommunications Act 1984 and the Wireless Telegraphy Act 1998.