Joint Committee on Statutory Instruments Thirty-Fifth Report



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 Privy Council Office in connection with the General Osteopathic Council (Transitional Period) (Application for Registration and Fees) Rules Order of Council 1998 (S.I. 1998/1018) is printed in Appendix I to this Report.

MERCHANT SHIPPING (OIL POLLUTION PREPAREDNESS, RESPONSE AND CO -OPERATION CONVENTION) REGULATIONS 1998 (S.I. 1998/1056)

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

  Paragraph 4(c) of the Schedule to the Regulations did not make sense. The Department of the Environment, Transport and the Regions explain in a memorandum printed in Appendix II that paragraph 4(c) ought to read:

  "The reference in paragraph 2 above to sums received by the authority shall be read as including a reference to sums received by any subsidiary of the authority which are shown in the statement of accounts there mentioned (and paragraph 3 above shall be construed accordingly)."

They say that the words in italics were accidentally omitted and that the words in bold should substitute what is in the existing text. The Department say that the mistake will be corrected at the first convenient opportunity. The Committee reports paragraph 4(c) of the Schedule for defective drafting, acknowledged by the Department.

LOCAL AUTHORITIES (GOODS AND SERVICES) (PUBLIC BODIES) (NO. 3) ORDER 1998 (S.I. 1998/1123)

  4. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  Paragraph (1) of article 3 provides that the restrictions in paragraph (2) are not to apply in relation to the Institute of Burial and Cremation Administration. The Committee asked the Department of the Environment, Transport and the Regions to explain the need for this provision, given that the restrictions in paragraph (2) relate only to agreements entered into by the other named public bodies. The Department reply in a memorandum printed in Appendix III that the paragraph was inadvertently retained from an earlier draft of the Order and apologise for the oversight. The Committee reports article 3(1) for defective drafting, acknowledged by the Department.

MERCHANT SHIPPING (FIRE PROTECTION: SMALL SHIPS) REGULATIONS 1998 (S.I. 1998/1011)

MERCHANT SHIPPING (FIRE PROTECTION: LARGE SHIPS) REGULATIONS 1998 (S.I. 1998/1012)

  5. The Committee draws the special attention of both Houses to these Regulations on the grounds that they are defectively drafted in eleven places and that they require the elucidation provided by the Department in one place.

  Regulation 1(2) of S.I. 1998/1011 defines "cargo ship" as meaning any ship which is not a passenger ship, pleasure vessel or fishing vessel, whereas the definition of "cargo ship" in regulation 1(2) of S.I. 1998/1012 does not contain the exclusion indicated by the italicised words. In the memorandum printed in Appendix IV the Department of the Environment, Transport and the Regions admit that the definition of "cargo ship" should have included such an exclusion., and so the Committee reports regulation 1(2) of S.I. 1998/1012 for defective drafting, acknowledged by the Department.

  The definition of "dangerous goods" in regulation 1(2) of S.I. 1998/1011 refers to the Merchant Shipping (Dangerous Goods) Regulations 1997 and footnote (a) on that page fails to identify the S.I. number of the instrument referred to. In their memorandum the Department say that the reference should have been to the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997, and state that the S.I. number is 1997/2367.

  In the same regulation "lightweight" is defined as meaning the displacement of a ship in tonnes without cargo, oil fuel, lubricating oil, ballast water, fresh water in tanks or stores, and with passengers and crew and their effects. The italicised word "with" is omitted from the otherwise identical definition contained in S.I. 1998/1012. The Department admit that "with" should not have been included in the definition.

  Still in regulation 1(2) of S.I. 1998/1011, "special category spaces" are defined as meaning any enclosed space above or below the bulkhead deck intended for carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which such vehicles can be driven and to which passengers have access. The Department admit that the italicised words are superfluous.

  In the same regulation the definition of "standard fire test" refers to a specimen of the relevant "B" Class division. The Committee asked the Department to explain the meaning and relevance of the italicised expression. They reply that "B" Class division should have been given the same definition in S.I. 1998/1011 as it is in S.I. 1998/1012. The Committee concludes that the definition of "standard fire test" is defectively drafted, not because the term "B" Class division is not defined, but because it is not used anywhere else in the Regulations and so its inclusion here is unnecessary and misleading.

  The Committee reports regulation 1(2) of S.I. 1998/1011 for defective drafting in these four respects.

  Regulation 1(7)(a)(i) of S.I. 1998/1011 provides that, subject to certain provisions, the Regulations apply to United Kingdom ships of various specified Classes, size and tonnage wherever they may be and to other such ships while they are within the United Kingdom or the territorial waters thereof. The Committee asked the Department to explain the descriptions of ships comprised in the provision and in particular to explain to what descriptions of ships the words "wherever they may be" apply and what description of ships is indicated by the words beginning "other such ships". The Department say in their memorandum that the intended distinction is between all United Kingdom ships of the Classes, size and tonnage described, wherever in the world they may be, and non-United Kingdom ships of those Classes, size and tonnage when within the United Kingdom's waters. Since, without this explanation, the distribution of the descriptions of ships within the provision is unclear in the absence of divisions of the text (in particular the references of the words indicated in the Committee's question), the Committee reports regulation 1(7)(a)(i) as requiring the elucidation provided by the Department.

  The Committee asked the Department, in relation to the classification of ships set out in regulation 2(1) of S.I. 1998/1011, to explain the reference in Class VII to Class I, and the reference in Classes VIII and IX to Class II, given that the regulation does not classify ships into Class I or II. The Department explain that ships of Classes I and II are passenger ships engaged on international voyages and admit that the definitions of these Classes should have been included. The Committee reports the provision for defective drafting, acknowledged by the Department.

  The Department concede that in relation to the classification of Class XII ships in regulation 2(1) of S.I. 1998/1011 "pleasure craft" ought to have read "pleasure vessels". The Committee reports regulation 2(1) of S.I. 1998/1011 for defective drafting, acknowledged by the Department.

  Given that regulation 2(1) of S.I. 1998/1012 does not classify ships into Classes III, VI and VI(A), the Committee asked the Department (a) to identify, in relation to Class VIII(A), the Classes included in the expression "Classes II(A) to VI(A) inclusive"; and (b) to explain the reference, in Class IX, to ships of Classes III, VI and VI(A). The Department explain that ships of Classes III to VI(A) are ships of those classes as classified in S.I. 1998/1011, and say that these definitions should have been included in S.I. 1998/1012. The Committee reports regulation 2(1) of S.I. 1998/1012 for defective drafting, acknowledged by the Department.

  Regulation 25 of S.I. 1998/1011 specifies certain requirements for tankers of Class VII(T) of under 500 tons constructed after 1 September 1984. The Department concede that the provision should apply to the relevant tankers constructed on or after 1 September 1984, as provided for in a similar regulation in S.I. 1998/1012 (regulation 31). The Committee reports regulation 25 of S.I. 1998/1011 for defective drafting, acknowledged by the Department.

  Regulation 32(1)(a) of S.I. 1998/1011 requires (in the case of a ship constructed before 1 February 1992) hoses forming part of the ship's equipment before that date to be made of closely woven flax, canvas or other suitable material. The corresponding provision in S.I. 1998/1012 (regulation 40(1)) also uses the word suitable, which is defined in regulation 1(2) of that instrument as meaning approved by the Secretary of State as suitable for the purpose for which it is used. The Department admit that the same definition of suitable should have been included in regulation 1(2) of S.I. 1998/1011, and accordingly the Committee reports regulation 32(1)(a) of that instrument for defective drafting, acknowledged by the Department.

  Regulation 57(5) of S.I. 1998/1012 refers to regulations 56 and 68(3)(c). The Department admit that the references should be to regulation 55 and 68(2)(c) respectively. The Committee reports regulation 57 of that instrument for defective drafting, acknowledged by the Department.

  The Department's memorandum states that they regret the errors made and will correct them at the first convenient opportunity and that they are considering what steps can be taken to prevent similar problems arising in the future.

GENERAL OSTEOPATHIC COUNCIL (CONDITIONAL REGISTRATION) RULES ORDER OF COUNCIL 1998 (S.I. 1998/1020)

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

  Rule 3(4) in the Schedule to the Order uses the term "fully registered osteopaths", but rule 3(3) of the Schedule refers to "registered osteopaths". The Privy Council Office admit in the memorandum printed in Appendix V that rule 3(3) ought to refer to "fully registered osteopaths". The Committee reports rule 3(3) for defective drafting, acknowledged by the Department.


 
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