Joint Committee on Statutory Instruments Forty-Sixth Report


FORTY-SIXTH 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 the Environment, Transport and the Regions in connection with the Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 (S.I. 1998/1838) is printed in Appendix I to this Report.

  3. A memorandum by the Department of Health in connection with the East Berkshire Community Health National Health Service Trust (Establishment) Amendment Order 1998 (S.I. 1998/1733) is printed in Appendix II to this Report.

ENVIRONMENTAL ASSESSMENT (FORESTRY) REGULATIONS 1998 (S.I. 1998/1731)

  4. The Committee draws the special attention of both Houses to these Regulations on the ground that they require elucidation.

  The Regulations require that consent shall be obtained from the Forestry Commissioners for certain projects which are likely to have a significant effect on the environment ("relevant projects" for the purposes of the Regulations). Regulation 6(1) provides that "where the Commissioners give notice of their opinion in relation to any application ... and their opinion is that a project is or would be a relevant project, the proposer may apply in writing to the Minister for a direction on the matter". It was not entirely clear to the Committee what "matter" would be the subject of a direction by the Minister. The Forestry Commission explain in a memorandum printed in Appendix III that the matter to which a direction would apply is the Commissioners' opinion that a project is a "relevant project". They go on to say that by the virtue of other powers in regulation 6 the Minister may review the nature of the project and confirm whether or not he regards it as relevant for the purposes of the Regulations. The Committee reports regulation 6(1) as requiring the elucidation provided 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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