Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS INSTRUMENTS OUTSTANDING FROM 1997

Total number of instruments outstanding: 22


JCSI Report

Instrument title

Regulation number & ground for reporting

Observation in 1997 return

Observations

1996-97





10th

Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (S.I.1996/3010)

10(1)(b) &

12(2) : elucidation- unclear drafting


amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

1996-97





13th

Merchant Shipping (High Speed Craft) Regulations 1996 (S.I.1996/3188)

2(1); 2(3); 10(4)(a); 11 & 12(1) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

13th

Merchant Shipping (Carriage of Cargoes) Regulations 1996 (S.I.1997/19)

15(3) : defective drafting

amendment to be made at first convenient opportunity

amendment made in Merchant

Shipping (Carriage of Cargoes)

(Amendment) Regulations1997

(S.I.1997/2366 )


13th

Introductory Tenants (Review) Regulations 1997 (S.I.1997/72)

7(1) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

1996-97





14th

Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (High Wycombe Town Centre) Order 1997 (S.I.1997/56)

paragraph 8(2) of Schedule 3 : defective drafting

amendment to be made at first convenient opportunity

opportunity to make suitable amendment expected to arise shortly

14th

Health and Safety (Young Persons) Regulations 1997 (S.I.1997/135)

2(3) & 2(6) : defective drafting of provisions substituted by these regulations

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

1996-97





16th

Hovercraft (Fees) Regulations 1997

(S.I.1997/320)


9(1)(c) & 10(d) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

1997-98





1st

Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I.1997/401)

6:

defective drafting of provision

inserted by this regulation


amendment to be made in consolidation of principal Regulations proposed for 1998

consolidation not completed in 1998, but the Department hopes to complete it during 1999

2nd

Local Government Pension Scheme (Amendment) Regulations 1997 (S.I.1997/578)

2:

defective drafting of provision

inserted by this regulation


amendment contained in draft of further amendment Regulations

amendment in regulation 2 of Local Government Pension Scheme (Amendment) Regulations1998 (S.I.1998/530 )

2nd

Local Government Pension Scheme (Transfers from the National Health Service Pension Scheme for England and Wales) Regulations 1997 (S.I.1997/598)

2:

defective drafting of provision

substituted by this regulation


amendment contained in draft of further amendment Regulations

amendment in regulation 5 of Local Government Pension Scheme (Amendment) Regulations1998 (S.I.1998/530 )

3rd

Motor Cars (Driving Instruction) (Amendment) Regulations 1998 (S.I.1997/650)

3 : lack of power to make provision inserted by this regulation

opportunity to revoke provision inserted

likely to arise later in 1998


revocation made by regulation 9 of

Motor Cars (Driving Instruction) (Amendment) Regulations1998

(S.I. 1998/2247)


4th

Rent Officers (Housing Renewal Grants Functions) Order 1997 (S.I.1997/778)

article 2(2) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

8th

Merchant Shipping (Cargo Ship Construction) Regulations 1997

(S.I.1997/1509)


4(c) & 14(i) : defective drafting

amendment to be made at first convenient opportunity

suitable amendment expected to be made shortly

9th

Merchant Shipping (Crew Accommodation) Regulations 1997

(S.I.1997/1508)


36(1) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

10th

Local Government Pension Scheme Regulations 1997 (S.I.1997/1612)

133(1) : defective drafting

amendment contained in draft of amendment Regulations

amendment in regulation 32 of Local Government Pension Scheme Regulations1997 (Amendment) Regulations1998 (S.I.1998/1238)

12th

Rent Officers (Housing Benefit Functions) Order 1997 (S.I.1997/1984)

article 5 : defective drafting

amendment to be made at first convenient opportunity

amendment contained in draft Order which is likely to be laid in March 1999 - this depends only on completion of other Regulations that need to be laid at the same time

13th

Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention)Order 1997 (S.I.1997/1869)

Part I of the Schedule : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

13th

Energy Efficiency (Refrigerators and Freezers) Regulations 1997 (S.I.1997/1941)

2(2); 10(4) & paragraph 1(2) of Schedule 3 : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

13th

Energy Information (Combined Washer-driers) Regulations 1997 (S.I.1997/1624)

4(1) & 7(1) : defective drafting;

7(2) & 11 : appear to be ultra vires


amendment to be made at first convenient opportunity

regulations containing suitable amendments are likely to be laid in March 1999

14th

Merchant Shipping (Carriage of Cargoes)

(Amendment) Regulations 1997

(S.I.1997/2366)


3(a) : defective drafting

amendment to be made at first convenient opportunity

suitable amendment expected to be made very soon

14th

Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (S.I.1997/2367)

9 & 10(3) : defective drafting

amendment to be made at first convenient opportunity

still awaiting convenient opportunity to amend

14th

Airports (Groundhandling) Regulations 1997 (S.I.1997/2389)

defective drafting :

paragraph 1(a) of Schedule 1

2(1) & 24(2)


amendment to be made-

at first convenient opportunity;

before 24(2) comes into force on 1st January 1999





amending instrument made on 24 November 1998: see Airports (Groundhandling) (Amendment) Regulations1998 (S.I.1998/2918)


 
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