Joint Committee on Statutory Instruments Twenty-Third Report


APPENDIX II

Memorandum by the Department of Trade and Industry

ELECTRICAL EQUIPMENT FOR EXPLOSIVE ATMOSPHERES (CERTIFICATION) (AMENDMENT) REGULATIONS 1998 (S.I. 1998/81)

1.  In the letter dated 4 February 1998 from the Commons Clerk of the Committee, the Joint Committee on Statutory Instruments has requested a memorandum from the Department on the following point:

    Paragraph (4) of new regulation 12A (inserted by regulation 2(4)) provides that a certification body may not issue a certificate of conformity under either paragraph (2) or (3) after 30th September 1998. Paragraph (5) provides that certificates of conformity issued before 30th September 1998 are to be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003. Explain why certificates of conformity issued on 30th September 1998 are excluded from the scope of paragraph (5). Ought not the words "before 30th September 1998" in paragraph (5) to have read "before 1st October 1998"?

2.  Having considered the point raised by the Committee, it is accepted that the reference in paragraph (5) of the new regulation 12A to "before 30th September 1998" leaves open the question as regards a certificate issued on that day and, for the purposes of that paragraph, it is agreed that it would have been better to insert the date "1st October 1998".

3.  It is understood that industry are keen to use the revised standards which will be introduced by the above Regulations and that, accordingly, limited use in practice would be made of the transitional provisions in the new regulation 12A. However, an amendment will be made and it is hoped that an opportunity will arise before 30 September 1998.

9th February 1998


 
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