Joint Committee on Statutory Instruments Ninth Report




NINTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINIZE STATUTORY INSTRUMENTS*[1]

ORDERED TO REPORT:

  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

  2. A memorandum by the Scottish Office Pensions Agency in connection with the National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1997 (S.I. 1997/1434) is printed in Appendix I to this Report.

MOTOR VEHICLES (TYPE APPROVAL) (GREAT BRITAIN) (AMENDMENT) (NO. 2) REGULATIONS 1997 (S.I. 1997/1502)

  3. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  The recital of powers to this instrument includes section 2(2) of the European Communities Act 1972. The Committee asked the Department of the Environment, Transport and the Regions what Community obligations are given effect by which provisions of the Regulations (they are required to give this information in the Explanatory Note to the Regulations by paragraph 2.101(a) of Statutory Instrument Practice). The Department reply in a memorandum printed in Appendix II that the powers given by section 2(2) of the 1972 Act were cited through "an abundance of caution" and that the powers in the Road Traffic Act 1988, which were also included in the recital of powers, are sufficient to make the Regulations. They acknowledge that the citation of section 2(2) of the 1972 Act is superfluous. The Committee accordingly reports the recital of powers to these Regulations for defective drafting, acknowledged by the Department.

MERCHANT SHIPPING (CREW ACCOMMODATION) REGULATIONS 1997 (S.I. 1997/1508)

  4. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  Regulation 38(1) provides that any owner who contravenes regulation 36(1) shall be guilty of an offence. The Committee asked the Department of the Environment, Transport and the Regions whether the reference in regulation 36(1) to regulation 32(34) should be to regulation 32(24). In a memorandum printed in Appendix III the Department admit that the reference should be to regulation 32(24), and undertake to correct the error at the first convenient opportunity. The Committee reports regulation 36(1) for defective drafting, acknowledged by the Department.




1  
* The Orders of Reference of the Committee are set out in the First Report, Session 1997-98 (HL Paper 4; HC 33-i). Back




 
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