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.
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