Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

  MINISTRY OF AGRICULTURE, FISHERIES AND FOOD: INSTRUMENTS REPORTED ON IN 1998

Total number of instruments reported on: 17


JCSI Report

Instrument Title

Regulation No.and Ground for Reporting

Type and date or response

Observations

1997/98





20th

Charges for Inspections and Controls Regulations 1997 (S.I. 1997/2893)

3(3): requires elucidation

No action necessary

Elucidation provided

21st

Specified Risk Material Order 1997 (S.I. 1997.2964)

10(2): defective drafting

Accepted by Dept.

New Order now being prepared

21st

Specified Risk Material Order 1997; Specified Risk Material Regulations 1997 (S.I. 2965); Specified Risk Material (Amendment) Regulations 1997 (S.I. 1997/3062)

11, 12 of the Order, 27 and 28 of the Regulations unusual and unexpected use of powers

No action taken yet, but see comment in "observations"

New Regulations and Order now being prepared to take account of JCSI's points

21st

Products of Animal Origin (Import and Export) (Amendment) Regulations 1997 (S.I. 1997/3023)

4: unusual use of powers

awaiting opportunity to amend

Likely in 1999 when replacement Regulations are expected

23rd

Animals and Animal Products (Import and Export) Regulations 1998 (S.I. 1998/190)

6(1), 10(1), 10(2), 13(2), 13(4), 16(1), 16(2), 21(5): defective drafting

28: requires elucidation


Awaiting opportunity to amend

Likely in 1999 when replacement Regulations are expected

23rd

Horse Passports Order 1997 (S.I. 1997/2879)

9: defective drafting

Amending instrument made 22.9.98


26th

The Sea Fishing (Enforcement of Community Quota Measures) Order 1998 (S.I. 1998/268)

article 5(1) Disparity with S.I. 1998/269 in respect of available enforcement measures

Memorandum sent to JCSI—2 March 1998

Rectified in the Sea Fishing (Enforcement of Community Quota Measures) Order 1999

26th

The Third Country Fishing (Enforcement) Order 1998 (S.I. 1998/269)

article 5(1) Disparity with S.I. 1998/268 in respect of available enforcement measures

Memorandum sent to JCSI—March 1998

Rectified in the Third Country Fishing (Enforcement) Order 1999

33rd

Cattle Identification Regulations 1998 (S.I. 1998/871)

13(1) unexpectedly narrow use of powers

Amending instrument made 28.11.98


34th

Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 11998 (S.I. 1998/1026)

Dubious vires for creation of offences

No action taken but see comment in "observations"

While Department maintains the arguments set out in its memorandum, the Department is considering alternative approaches to the JCSI's points

37th

Action programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 (S.I. 1998/1202)

Regulation 8(1) defective drafting; Paragraph 15 of the Schedule to the Regula\tions, defective drafting

Awaiting opportunity to amend

The Regulations will be amended by DETR when they amend the Regulations which designate NVZs. It was hoped that this would be at the end of 1998 but ECJ proceedings mean that this had been deferred.

46th

Environmental Assessment (Forestry) Regulations 1998 (S.I. 1998/1731)

6(1): Requires elucidation

No action necessary

Elucidation provided

1998/99





1st

Drinking Milk Regulations (S.I. 1998/2424)

2: Failure to comply wit proper drafting practice

Expalanatory Note incomplete


Awaiting opportunity to amend

No action necessary


Likely to be in 1999



Letter sent to HMSO in December 1998 requesting omission to be remedied in Annual Volume of S.I.s and any other future reprints of S.I.


1st

Enviromentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1998

S.I. 1996/1296 Defective drafting

Amending instrument made 16.10.98



Environmentally Sensitive Areas (Exmoor) Designation Order 1998

S.I. 1998/1302 Defective drafting

Amending instrument made 16.10.98


 
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