Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

  MINISTRY OF AGRICULTURE, FISHERIES AND FOOD: INSTRUMENTS OUTSTANDING FROM 1997

Total number of Instruments outstanding: 7


JCSI Report

Instrument Title

Regulation No and Ground for reporting

Observation in 1997 Return

Observations

1996/97





11th

Products of Animal Origin (Import and Export) Regulations 1996) (S.I. 1996/3124)

Doubtful vires

4(1) defective drafting

10(1) defective drafting

16(1) defective drafting

35(1) defective drafting

35(2) defective drafting

16(1) unexpectedly limited use of powers


An amending instrument is likely to be made later in 1998. Although S.I. 1996/3124 was amended by the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 (S.I. 1997/3032), that instrument was made in response to an Article 169 letter and in the circumstances there was not sufficient time to incorporate amendments to deal with the Committee's comments.

A replacement instrument is likely to be made in 1999.

16th

Registration of Homeopathic Veterinary Medicinal Products Regulations (S.I. 1997/322)

Sch. 2 para 8(2): defective drafting

Date for amending instrument not known

Still awaiting suitable opportunity to amend which may arise in 1999 following EC legislative developments

1997/98





16th

Registration of Homeopathic Veterinary Medicinal Products Regulations (S.I. 1997/322)

Sch. 2 para 8(2): defective drafting

Date for amending instrument not known

Still awaiting suitable opportunity to amend which may arise in 1999 following EC legislative developments

12th

The Agricultural Holdings (Units of Production) Order 1997

Para 1(3) of the Order raising uncertainty on legal force of Community Instrument

Amended in next year's Order

Amendment effected in 1998 Order

4th

Enzootic Bovine Leukosis Order (S.I. 1997/57)

1(3): defective drafting

2(1): defective drafting


Date for further instrument not known

Still awaiting opportunity to amend

5th

Sheep Scab Order 1997 (S.I. 1997/968)

7(1) defective drafting

Date for further instrument not known

Still awaiting opportunity to amend

8th

Medicines (Products for Animal Use—Fees) Regulations (S.I. 1997/1469)

s.16, s.17: defective drafting

Explanatory Note: incomplete


Further instrument expected in Oct 1998


Accepted that a reference to the Directive should have been included


Committee's comments implemented in succeeding instrument—the Medicines (Products for Animal Use—Fees) Regulations 1998 (S.I. 1998/2428)

Committee's comments implemented in succeeding instrument—the Medicines (Products for Animal Use—Fees) Regulations 1998 (S.I. 1998/2428)


11th

Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (S.I. 1997/1729)

2(1): defective drafting

date for amending instrument not known

Amending instrument still in process of being drafted—now likely to be affected by devolution moratoria



3(4): defective drafting

Date for amending instrument not known

Amending instrument still in process of being drafted—now likely to be affected by devolution moratoria



15(3): defective drafting

Date for amending instrument not known

Amending instrument still in process of being drafted—now likely to be affected by devolution moratoria



20: defective drafting

Date for amending instrument not known

Amending instrument still in process of being drafted—now likely to be affected by devolution moratoria



23(2): defective drafting

Date for amending instrument not known

Amending instrument still in process of being drafted—now likely to be affected by devolution moratoria

13th

Fish Health Regulations 1997 (S.I. 1997/1881)

11(1): defective drafting

15(1): defective drafting


It is expected that the Regulations will require updating and amendment within the next 18 months as part of the regular programme to implement fish health decisions

The Regulations need to be amended to implement an amendment to the Fish Health Directive (Council Directive 91/67/EEC). Detailed implementing rules are, however, still awaited from the Commission. Once thee are agreed we can proceed with amendment of the Regulations

13th

Bovines and Bovine products (Despatch Prohibition and Production Restriction) Regulations 1997 (S.I. 1997/1905)

14(8): defective drafting

Further amendment likely to be made in 1998 to incorporate an amendment to deal with the JCSI's comments

Revoked by the Bovines and Bovine Products (Trade) Regulations 1998 (S.I. 1998/1135)


 
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Prepared 13 May 1999