Joint Committee on Statutory Instruments First Special Report


5. DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS

Total number of instruments reported on: 39


JCSI Report

SI or SR

Point

Type & date of Response

Observations

1996-97:

8th



Merchant Shipping and Fishing Vessels (Medical Stores) (Amendment) Regulations 1996 (S.I. 1996/2821)


i


G


The Department disagrees with the Committee.

8th

Approval of Codes of Management Practice (Residential Property) Order 1996 (S.I. 1996/2839)

i

A

The transitional provision in article 3 is superfluous and does not have any effect. Such provision has been omitted in a subsequent similar order (S.I. 1998/106).

8th

Motor Vehicles (Driving Licenses) Regulations 1996 (S.I. 1996/2824)

i and ii

D - 6.3.97

Amendments to deal with these points were made in the Motor Vehicles (Driving Licences) (Amendment) Regulations 1997 (S.I. 1997/669).

9th

Control of Pollution (Applications, Appeals and Registers) Regulations 1996 (S.I. 1996/2971)

i

A

Elucidation provided.

10th

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (S.I. 1996/3010)

i

ii and iii


A

F


Elucidation provided.

Elucidation provided; likely date for amending instrument not known.


10th

Housing Renewal Grants (Services and Charges) Order 1996 (S.I. 1996/2889)

i

A

Elucidation provided.

11th

Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 (S.I. 1996/2908)

i


ii


G


A


The Department disagrees with the Committee who have written to the Lord President on the general principle involved.

It is accepted that the words in question are legally unnecessary.


11th

Allocation of Housing and Homelessness (Review Procedures and Amendment) Regulations 1996 (S.I. 1996/3122)

i

D - 5.3.97

Regulation 8 has been amended by the Allocation of Housing and Homelessness (Amendment) Regulations 1997 (S.I. 1997/631) to allow written representations under paragraph (2)(b) (as well as oral ones).

13th

Merchant Shipping (High-Speed Craft) Regulations 1996 (S.I. 1996/3188)

i - v

F

Amendments to be made at first convenient opportunity.

13th

Merchant Shipping (Carriage of Cargoes) Regulations 1996 (S.I. 1997/19)

i

ii


A

F


Elucidation provided.

Amendment to be made at first convenient opportunity.


13th

Introductory Tenants (Review) Regulations 1997 (S.I. 1997/72)

i

F

Amendment to be made at first convenient opportunity.

14th

Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (High Wycombe Town Centre) Order 1997 (S.I. 1997/56)

i

ii


F

A


Amendment to be made at first convenient opportunity.

The Department has included an orientation sign in plans prepared subsequently for such orders.


14th

Local Government Act 1988 (Competition) (England) Regulations 1997 (S.I. 1997/175)

i

A

The same point has arisen on a number of instruments, and elucidation has been provided (see paragraph 6 of the 16th Report for 1997-98)

14th

Health and Safety (Young Persons) Regulations 1997 (S.I. 1997/135)

i and ii

F

Amendments to be made at first convenient opportunity.

16th

Hovercraft (Fees) Regulations 1997 (S.I. 1997/320)

i and ii

F

Amendments to be made at first convenient opportunity.

16th

Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997/348)

i

A

An amendment to deal with this point was made in the Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997 (S.I. 1997/1911).

1997-98:

1st



Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I. 1997/401)


i and ii


F


Amendments to deal with these points are to be made in a consolidation of the Road Vehicles (Registration and Licensing) Regulations which the Department proposes to prepare during 1998.

2nd

Local Government Pension Scheme (Amendment) Regulations 1997 (S.I. 1997/578)

i

F

An amendment to deal with this point is contained in the Local Government Pension Scheme (Amendment) Regulations 1998 which are likely to be made in March.

2nd

Local Government Pension Scheme (Transfers from the National Health Service Pension Scheme for England and Wales) Regulations 1997 (S.I. 1997/598)

i

F

An amendment to deal with this point is contained in the Local Government Pension Scheme (Amendment) Regulations 1998 which are likely to be made in March.

2nd

Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997 (S.I. 1997/529)

i

G

The Department takes the view that the power conferred on an inspector will in practice be adequate, and does not plan to take any further action.

3rd

Council Tax (Chargeable Dwellings, Exempt Dwellings and Discount Disregards) Amendment Order 1997 (S.I. 1997/656)

i

D - 11.2.98

An amendment to deal with this point is contained in the Council Tax (Exempt Dwellings and Discount Disregards) (Amendment) Order 1998 (S.I. 1998/291).

3rd

Motor Cars (Driving Instruction) (Amendment) Regulations 1997 (S.I. 1997/650)

i

F

An opportunity to revoke regulation 9A of the Motor Cars (Driving Instruction) Regulations 1989 (inserted by regulation 3 of this instrument) is likely to arise later in 1998.

3rd

Railway Safety (Miscellaneous Provisions) Regulations 1997 (S.I. 1997/553)

i

ii


A

A


Elucidation provided.

The Department has agreed not to include in future Regulations a general saving for "any Community obligation of the UK"; but the issue is being further explored with Counsel to the Speaker.


4th

Rent Officers (Housing Renewal Grants Functions) Order 1997 (S.I. 1997/778)

i

F

Amendment to be made at first convenient opportunity.

8th

Merchant Shipping (Cargo Ship Construction) Regulations 1997 (S.I. 1997/1509)

i and ii

F

Amendments to be made at first convenient opportunity.

8th

Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 (S.I. 1997/1320)

i, ii and iii

A

An amendment to deal with these points was made in the Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997 (S.I. 1997/1911).

9th

Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1997 (S.I. 1997/1502)

i

A

The Department has acknowledged the superfluous citation of a power.

9th

Merchant Shipping (Crew Accommodation) Regulations 1997 (S.I. 1997/1508)

i

F

Amendment to be made at first convenient opportunity.

10th

Local Government Pension Scheme Regulations 1997 (S.I. 1997/1612)

i and iii

ii

iv


A

G

F


Elucidation provided.

The Department disagrees with the Committee.

An amendment to deal with this point is contained in the Local Government Pension Scheme (Amendment) Regulations 1998 which are likely to be made in March.


12th

Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984)

i

F

Amendment to be made at first convenient opportunity.

13th

Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention) Order 1997 (S.I. 1997/1869)

i

F

Amendment to be made at first convenient opportunity.

13th

Energy Efficiency (Refrigerators and Freezers) Regulations 1997 (S.I. 1997/1941)

i, ii and iv

iii


F

A


Amendments to be made at first convenient opportunity.

Elucidation provided.


13th

Energy Information (Combined Washer-driers) Regulations 1997 (S.I. 1997/1624)

i, ii, iii and vi

iv, v and vii


F

A


Amendments to be made at first convenient opportunity.

Elucidation provided.


14th

Local Government Act 1988 (Defined Activities) (Exemption) (Brent London Borough Council and Harrogate Borough Council) Order 1997 (S.I. 1997/2259)

i

A

The effect of this error was that the period of the exemption does not include the period of 16 days before the Order came into force (for which the instrument purported to have a retrospective effect).

14th

Procurement of Air Navigation Equipment (Technical Specifications) Regulations 1997 (S.I. 1997/2329)

i

A

The Department accepts that the first proposition is unnecessary, and, as regards the second proposition, that a more appropriate means of incorporating definitions used in the EU Directive could have been found.

14th

Merchant Shipping (Carriage of Cargoes) (Amendment) Regulations 1997 (S.I. 1997/2366)

i

F

Amendment to be made at first convenient opportunity.

14th

Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (S.I. 1997/2367)

i and ii

F

Amendments to be made at first convenient opportunity.

14th

Airports (Groundhandling) Regulations 1997 (S.I. 1997/2389)

i and v

ii

iii

iv


F

A

A

F


Amendments to be made at first convenient opportunity.

The Department accepts that regulation 2(3) is unnecessary.

Elucidation provided.

Regulations 24(2) will be amended before it comes into force.


15th

Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 (S.I. 1997/2439)

i

D - 22.12.97

Amendments to deal with these points were made in the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 1997 (S.I. 1997/3063).




 
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