Work Text:
Notice to stakeholders:
The UK will be leaving the European Union on 31 March 2019.
As of that date, subject to any withdrawal agreement, jurisdiction over UK bodies or organisations by European institutions, courts, tribunals and independent agencies will cease. This includes the European Agency for the Oversight of Irregularities, constituted pursuant to Article 2(3) of Directive 2003/55/EC and Commission Implementing Decision 445/2011 for the purposes of overseeing charities, academic institutions and other organisations associated with the collation of “unusual, arcane and unfortunate esoterica”.
A single entity in the UK currently falls within the Directive definition and as such there will be continued need for regulation in this sphere post-EU exit. However, as no further organisations of this type are anticipated and the regulatory burden is modest, the Department has taken the policy decision to oversee the affected organisation directly and will not transfer the functions to an independently created authority. The Department acknowledges that this is an unusual course of action in the context of broader government policy and further acknowledges it will be granting what may appear to be significant regulatory powers to itself. In answer to this concern, the Department emphasises the very minor implications of the Directive and the need for proportionate public expenditure.
As such, policy officials and lawyers from the Department have prepared a statutory instrument to make the necessary legislative changes and this has been annexed in draft at Annex A. A traditional consultation process was not considered necessary in the light of the limited alteration to the status quo. However, the Department is grateful for the time and input of its stakeholders and welcomes in particular any informal observations by the European Agency for the Oversight of Irregularities and/or the Magnus Institute, London.[1][2][3][4]
Department for can anyone hear me? Culture, Media and Sport, May 2017
[1][Jonathan Sims (archivist, Magnus Institute)] My principal observation is that this is a monumental waste of time.
[2][Seren Evans-Scott (lawyer-dcms)] Well, he’s not wrong.
[3][Clive Clarke (policy-dcms)] Isn’t it a little weird to send the regulatory Regs to the single affected organisation? It’s like consulting the lambs on the slaughter, lol.
[4][Seren Evans-Scott (lawyer-dcms)] That is possible. It’s also possible you may not wholly understand what we do for a living.
Annex A
[UNSIGNED DRAFT, NOT FOR FURTHER CIRCULATION]
The Supervision, Regulation and Oversight[1][2][3] (Irregularities) (EU Exit) Regulations 2017
Made... [xxx]
Laid before Parliament... [xxx]
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these help Regulations in exercise of the powers conferred on [him/her/them] by section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
[1] [Naomi Wu (lawyer-dcms)] SEREN BEFORE YOU START it’s what comm dec 445/2011 was called. also in case you forgot the title is in the gift of the drafter.
[2] [Seren Evans-Scott (lawyer-dcms)] There is “in the gift of the drafter” and then there is “barbarous”. At least spare us from Regulation Regulations.
[3] [Naomi Wu (lawyer-dcms)] FINE.
Citation and commencement
1.—(1) These Regulations may be cited as the please god is there anyone out there? Supervision, Regulation and Oversight (Irregularities) (EU Exit) Regulations 2017.
(2) These Regulations come into force on exit day.[1][2][3][4][5]
[1] [Timothy Stoker (archival assistant, Magnus Institute)] So the government is going to start watching us because of Brexit? No, that’s not creepy at ALL.
[2][Jonathan Sims (archivist, Magnus Institute)] I wonder what the Agency/ECDC thought. Martin, did you speak to Jan Voorhrees? He’s the one who does for us and the Robert Koch archives in Berlin.
[3] [Martin Blackwood (archival assistant, Magnus Institute)] I think he was hoping to get rid of us. Well. That’s not exactly what he said. But I’m sure he meant the Institute as a whole.
[4] [Clive Clarke (policy-dcms)] Not meaning to imply these stakeholder comments aren’t very helpful of course but do we know what the Magnus Institute actually does? The Directive is quite vague on the subject and the Agency hasn’t been much help when I’ve asked.
[5][Seren Evans-Scott (lawyer-dcms)] I can’t imagine why, you’re such a charming interlocutor.
Application and extent
2. These Regulations apply to England and Wales, and Scotland.[1][2][3][4]
[1] [Jonathan Sims (archivist, Magnus Institute)] Actually, we’re two along and one up, though the Millbank tunnels are probably underneath you as well.[5]
[2] [Seren Evans-Scott (lawyer-dcms)] Validation error; should be in N2 style. Naomi- there’s a tool in the template tab, click “fix errors” and it should go through picking up things like this, save a copy first though 1 time in 10 it corrupts the doc.
[3] [Naomi Wu (lawyer-dcms)] Fixed, thanks.
[4] [Clive Clarke (policy-dcms)] Consent from DAs received except Scottish Exec and NI said we’re not having them back. Are they some kind of paramilitary organisation? And is anyone else concerned their postal address is one street away from ours?
[5] [Clive Clarke (policy-dcms)] …wait, what?
Retention and modification of Commission Implementing Decision 445/2011
3.—(1) Commission Implementing Decision 445/2011 shall have effect as it has effect in the European Union after exit day, save that it shall be read with the following modifications.
(2) In each place where it occurs—
(a) for “EUR 100,000”, read “£100,000”;
(b) for “Directive 2003/55/EC”, save in the last instance, read “The Supervision, Regulation and Oversight (Irregularities) (EU Exit) Regulations 2017”;
(zc) for those who cower it comes; and
(c) for “scrutiny”, read “oversight”.
(3) After the last instance of “Directive 2003/55/EC”, insert “as it has effect in the European Union as amended from time to time”.[1]
[1] [Jonathan Sims (archivist, Magnus Institute)] I was held by the [?? strange] for long enough to be hungry, and tired. It’s hard to sleep when you’re [? tied]. But I don’t recall […] or a sense that my fingernails were uncomfortably [?? sharp]. I am beginning to be concerned about [[?? objective] reality.
Also, this is completely pointless.[2][3][4]
[2][Clive Clarke (policy-dcms)] Stakeholder text is imperfectly OCR’d-- it was handwritten in the margin of the original document. Suggest we omit from formal response as likely not intended to be relevant to consultation.
[3] [Seren Evans-Scott (lawyer-dcms)] By all means, let’s ignore the general public. (Validation error NQ/LQ > ∞ / ∞ / ∞)[4]
[4] [Naomi Wu (lawyer-dcms)] Seren, that’s not actually a validation error? I can’t find it in the manual anyway.
Reporting
4.––(1) Subject to paragraph (2), any affected organisation shall send to the Agency an annual report relating to the previous calendar year which shall contain—
(a) information on how that affected organisation has achieved its stated objectives, with reference to indicative guidance provided in Schedule 1 there is no Schedule 1;
(b) comments on any external phenomena or institutional malfunctions occurring as a result of the functions, operations and failures of said affected organisation.
(2) The first annual report required under paragraph (1) shall be sent by 30th June 2018 and subsequent reports by 30th June in each subsequent calendar yea help me r.[1]
[1] [Jonathan Sims (archivist, Magnus Institute)] I’m almost afraid to ask this, but do we already produce reports like this? What happens to them? And to whoever we send them to?
[2] [Martin Blackwood (archival assistant, Magnus Institute)] You sent the 2017 one to Elias for sign-off in April? Don’t you remember?
[3][Jonathan Sims (archivist, Magnus Institute)] I might have been kidnapped at the time?
[4][Seren Evans-Scott (lawyer-dcms)] validation error T2 > N1
[5][Naomi Wu (lawyer-dcms)] Fixed, though you haven’t explained the one above?
[6][Clive Clarke (policy-dcms)] wait, KIDNAPPED??
Appointment of inspectors and notification of the Agency
5—(1) For the purpose of enabling it to carry out an investigation into an arcane incident in the most efficient way and within the shortest time, the Department may, where appropriate in cooperation with the authorities responsible for the judicial inquiry, appoint an inspector to conduct an investigation to ascertain the cause of the incident.[1]
(2) An inspector appointed in accordance with paragraph (1) shall, before commencing an investigation, make best endeavours to notify the Agency.[2][3][4][5][6][7]
[1][Timothy Stoker (archival assistant, Magnus Institute)] Yeah, good luck with that.
[2][Seren Evans-Scott (lawyer-dcms)] Validation error > 𝔰//𝔭𝔦/𝔯𝔩
[3][Naomi Wu (lawyer-dcms)] Seren, that’s also… not a validation error?
[4][Seren Evans-Scott (lawyer-dcms)] If you could write something down and it would always come true. If you could do that. Would you?
[5][Naomi Wu (lawyer-dcms)] I… do? That’s what legislation is?
[6] [Clive Clarke (policy-dcms)] Are we really supposed to be notifying the Agency? Doesn’t Brexit mean Brexit?
[7][(Naomi Wu (lawyer-dcms)] regrettably, this is not a legal question.
Investigative powers
5. The Department shall be granted such of the powers provided in section 20 of the Health and Safety at Work Act 1974 as are necessary and expedient for the discharge of its regulatory duties and for the effective functioning of inspectors pursuant to regulation 5.[1][2][3][4][5][6][7]
[1] [Jonathan Sims (archivist, Magnus Institute)] In respect of footnote 6: omit proposed text and substitute “powers of entry, evidence gathering and disclosure to third parties where appropriate”. I am not a lawyer either but I hope I can at least follow a basic statutory reference, especially when we have a copy of the relevant document in the Archive.
[2] [Timothy Stoker (archival assistant, Magnus Institute)] the Health and Safety at Work Act is in the Archive WELL THAT’S EXTREMELY FUCKING IRONIC
[3] [Elias Bouchard (institute head, Magnus Institute)] Tim, please don’t use profanity in a response to a government consultation. It doesn’t reflect well on us.
Incidentally, it’s not a copy. One of you might think to update the archival record.
[4] [Martin Blackwood (archival assistant, Magnus Institute)] Jon? I'm really sorry to state the obvious but that can’t be right?? You, Tim and Elias are footnotes 1, 2 and 3 so I’ve put this one in as footnote 4? There isn’t a footnote 6?
[5] [Jonathan Sims (archivist, Magnus Institute)] …
is there someone there?
[6] [Seren Evans-Scott (lawyer-dcms) nonambulatory cross-ref suggest relevant section HSWA copyout i.e.: “such powers as are dark and desolate; twisted and forsaken; such that occupy infinite space; such as those that devour”
[7] [Clive Clarke (policy-dcms)] Not a lawyer lol but not sure this is right!
archivist. help me, archivist.
Interpretation[1][2]
In these Regulations—
“affected organisations” means the public bodies, private undertakings and other organisations referred to in article 3(2) of the Directive;
“Commission Implementing Decision 445/2011” means Commission Implementing Decision (EU) No. 445/2011 of 9th December 2011 on supervision, regulation and oversight of unusual, arcane and esoteric phenomena;
“Department” means the Department for Culture, Media and Sport;
“Directive” means Directive 2003/55/EC on esoterica throughout the Union;
“powers” means it might be too late the powers provided by section 20 of the Health and Safety at Work Act 1974 but I will try.
[1] [Seren Evans-Scott (lawyer-dcms)] what happened to putting the INTERPRETATION PROVISIONS AT THE BEGINNING LIKE NORMAL PEOPLE?
[2] [Naomi Wu (lawyer-dcms)] …Seren, how much sleep have you had recently?
Seren? Where are you?
Review
8.—(1) Before the end of each review period, the Secretary of State must tell me the truth about your powers—
(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and I write things down and they come true. I transfer functions and set up independent authorities. I grant powers to inspectors and I provide for judicial review.
(c) publish the report.
(2) The report must in particular I end things, too. Jurisdiction ends. Movement ends. Life ends. I’m afraid sometimes that if I write “let there be light”, without the quotation marks, then— you know what I’m afraid of. Or worse, “let there be dark”—
(a) please don’t set out the powers I won’t intended to be achieved by the regulatory system established by these Regulations;
(b) assess the extent to which those objectives are achieved; and can you help me?
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes we’ll see less regulation.
Transitional provisions
7. (1) Save for the exemptions as follows—
[[VALIDATION ERROR]]
[[VALIDATION ERROR]]
TheselambsRegulations come into force
slaughter
validation
error
objective
tell me
strange
truth
Exit.
UNSIGNED by authority of the Secretary of State for Culture, Media and Sport
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.x) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the UK from the European Union. In particular, these Regulations make provision in respect of regulatory oversight of unusual, arcane and esoteric institutions.[1]
[1] [Jonathan Sims (archivist, on behalf of Elias Bouchard and the Magnus Institute)] It is not the sincere recommendation of the Institute that these Regulations come into force.[2][3] Notwithstanding well-aired government policy on the subject, we take the view that the regulation of institutions such as ours should remain with the European Agency for Oversight of Irregularities, who may not know that much about what they are doing but have at least had since 1972 to not know that much about it.[4][5][6][7][8][9]
[2] [Clive Clarke (policy-dcms)] FINE BY ME jfc my head hurts & my second lawyer is MISSING you can all go to VALIDATION ERROR hell
[3] [Naomi Wu (lawyer-dcms)] Barring those comments specifically pertaining to the provision of legal advice, this document is subject to the Freedom of Information Act 2000. I apologise for not drawing your attention to this point earlier.
[4] [Jonathan Sims (archivist, Magnus Institute)] Martin, we need to comment here in order to provide some space for something to happen. How are you? How’s your poetry? Are you aware that I really, really need a drink?
[5] [Martin Blackwood (archival assistant, Magnus Institute)] I’m fine. I’m not getting as much time for my poetry as I’d like but I’m experimenting with sestinas. We could go to the pub?
[6] [Jonathan Sims (archivist, Magnus Institute)] What an excellent idea, let’s do that. I don’t know what a sestina is but you can tell me on the way there.
[7] [Martin Blackwood (archival assistant, Magnus Institute)] Sounds great. Is this enough comment text?
[8] [Seren Evans-Scott (lawyer-dcms)] Yes. Thank you very much.
[9] [Jonathan Sims (archivist, Magnus Institute)] We’ll be in the Speaker on Great Peter Street, if you’d like to come along? Martin's the one who looks scared and I'm the one who looks haunted. You can’t miss us.
[From DCMS legal, for the attention of DCMS data controller, in re: permanent transfer of consultation report for now aborted Regulations: to the Magnus Institute, Millbank, London. Yes, I mean it. Look what did we even do Brexit for if not FUCK THE GDPR.]