Joint Committee on Statutory Instruments Forty-First Report


REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[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 Department of Trade and Industry in connection with the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1998 (S.I. 1998/1469) is printed in Appendix I to this Report.

CHANNEL TUNNEL RAIL LINK (QUALIFYING AUTHORITIES) ORDER 1998 (S.I. 1998/1445)

  3. The Committee draws the special attention of both Houses to this Order on the ground that its recital of powers is defectively drafted.

  Paragraph 1(5) of Schedule 6 to the Channel Tunnel Rail Link Act 1996 requires the Secretary of State, before making an order under paragraph 1(4), to consult the nominated undertaker and, unless the authority concerned has requested him to make the order, the authority. The recital of the power to make this Order makes no mention of the satisfaction of this pre-condition. The Committee asked the Department of the Environment, Transport and the Regions whether the required consultations had taken place and, if so, why this was not mentioned in the recital of powers. The Department explain in the memorandum printed in Appendix II that the Order was made at the request of the authority concerned and that the nominated undertaker was consulted before the Order was made. They state that they regret the omission from the recital of powers. The Committee reports the recital of powers 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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