Joint Committee on Statutory Instruments Fifth Report



FIFTH 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.

MOTOR VEHICLES (AUTHORISATION OF SPECIAL TYPES) (AMENDMENT) (NO. 2) ORDER 1998 (S.I. 1998/2884)

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

  3. This Order amends the Motor Vehicles (Authorisation of Special Types) General Order 1979. Paragraph 8(6) of new Schedule 5A to the 1979 Order (inserted by article 2(3)) provides that where a vehicle is equipped to operate on more than one fuel but not on a mixture of fuels, a fuel system shall be installed which [(a)] has a control switch which is clearly marked for the selection of each fuel or fuel mixture. The Committee asked the Department of the Environment, Transport and the Regions to explain the inclusion of the words "or fuel mixture", given that paragraph 8(6) does not apply to a vehicle which is equipped to operate on a mixture of fuels. The Department reply in the memorandum printed in Appendix I that the policy intention was that a vehicle should be fitted with a fuel selection system with a control switch for the selection of each fuel or fuel mixture (a) where the vehicle could operate at any one time on either compressed natural gas or another fuel; or (b) where the vehicle could operate at any one time on either a mixture of fuels which included compressed natural gas or a single fuel. A fuel selection system should not be required where the vehicle could operate only on a mixture of fuels (which included compressed natural gas). The Department acknowledge that new paragraph 8(6) does not achieve the policy intention as stated in the memorandum, and say that they will amend the provision at the earliest appropriate opportunity. The Committee reports new paragraph 8(6) for defective drafting, acknowledged by the Department.


1  The Orders of Reference of the Committee are set out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back

 
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