Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS INSTRUMENTS REPORTED IN 1998

Total number of instruments reported on: 33


JCSI Report

Instrument Title

Regulation number & ground for reporting

Type and date of response

Observations

1997-98





19th

Local Government Act 1988 (Competition) (England) (No. 2) Regulations 1997 (S.I.1997/2732)

3(2)(c); 4(2)(b); 6(2)(b);

7(2)(b) & 8(2)(b) :

appear to be ultra vires


the

Department disagrees with the Committee


clause 18 of the Local Government Bill currently going through Parliament would repeal the governing legislation with effect from 2nd January 2000

20th

Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1997 (S.I.1997/2936)

2(2) :

defective drafting


awaiting opportunity to amend

date for amending instrument not known, but opportunity likely to arise in next few months

21st

Merchant Shipping (Ism Code) (Ro-Ro Passenger Ferries) Regulations 1997

(S.I.1997/3022)


5 : defective drafting

awaiting opportunity to amend

date for amending instrument not known

21st

Merchant Shipping (Port Waste Reception Facilities) Regulations 1997

(S.I.1997/3018)


8 : for being of dubious vires; &

9 : defective drafting

15: defective drafting



the Department disagrees with the Committee

awaiting opportunity to amend










date for amending instrument not known

21st

Road Vehicles (Statutory Off-Road Notification) Regulations 1997

(S.I.1997/3025)


5(1) :

defective drafting


awaiting opportunity to amend

date for amending instrument not known, but opportunity likely to arise in next few months

21st

Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I.1997/2962)

4(1)(b) & (2) : defective drafting


5(1) : requires elucidation

5(2) : defective drafting

8(1) : requires elucidation

21(2)(b) : defective drafting


amending instrument made on 24 September 1998

no action necessary

amending instrument made on 24 September 1998

no action necessary

the Department intends to provide further explanation in a Code


see Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations1998 (S.I.1998/2411)

elucidation provided

see above-mentioned Regulations (S.I.1998/2411)

elucidation provided


22nd

Motor Vehicles (Driving Licences) (Amendment) Regulations 1998

(S.I.1998/20)


18(3) : defective drafting

awaiting opportunity to amend

this will be done on consolidation expected to be undertaken during 1999

24th

Local Government Finance (New Parishes) Regulations 1998 (S.I.1998/119)

5(1) : defective drafting

amending instrument made on 23rd December

1998


see Local Government Finance (New Parishes) (Amendment) Regulations1998

(S.I.1998/3270)


26th

Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998

(S.I.1998/209)


6 :

may be ultra vires


the Department disagrees with the Committee


29th

Kent County Council (Borough of Gillingham and City of Rochester upon Medway) (Staff Transfer) Order 1998

(S.I.1998/449)


article 3(2) : defective drafting

no action necessary

the Department acknowledges defective drafting but considers that it has no impact on the order's validity or effect

30th

Local Government Act 1988 (Defined Activities) (Exemption) (No.2) Order 1998 (S.I.1998/580)

article 3(1) : defective drafting

no action necessary

clause 18 of the Local Government Bill currently going through Parliament would repeal the governing legislation with effect from 2nd January 2000

30th

Road Vehicles Registration Fee Regulations 1998 (S.I.1998/572)

2(1) : defective drafting

amending instrument made on 7th April 1998

see Road Vehicles Registration Fee (Amendment) Regulations1998 (S.I.1998/995)

31st

Environmental Protection (Controls on Hexachloroethane) Regulations 1998

(S.I.1998/545)


5 : defective drafting

amendment contained in draft Regulations which are expected to be made shortly


31st

Control of Lead at Work Regulations 1998 (S.I.1998/ 543)

3(1) : requires elucidation not satisfact-orily provided

unexpect-edly narrow use of powers : failure to implement Directive 82/605/EEC


awaiting opportunity to amend




"


the Regulations will be reviewed and amended in order to implement the requirements of Directive 98/24/EC (the Chemical Agents Directive) which has effect from 5th May 2001

32nd

Housing Renewal Grants (Amendment) Regulations 1998 (S.I.1998/808)

3(b); 4; 7; 10 & 11 : are of a non-legislative character

no action necessary


33rd

Fishing Vessels (Safety Provisions) (Amendment) Rules 1998

(S.I.1998/928)


defective drafting :

making of rules rather than regulations

superfluous recital of power




no action necessary


no action necessary


the Department acknowledges both defects but considers that they have no impact on the validity or effect of the instrument

35th

Merchant Shipping (Oil Pollution

Preparedness, Response and

Co-operation Convention) Regulations 1998 (S.I.1998/1056)


paragraph 4(c) of the Schedule : defective drafting

awaiting opportunity to amend

date for amending instrument not known

35th

Local Authorities (Goods and Services) (Public Bodies) (No. 3) Order 1998

(S.I.1998/1123)


article 3(1) : defective drafting

no action necessary

defective drafting has no effect

35th

Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (S.I.1998/1011)








Merchant Shipping (Fire Protection: LargeShips) Regulations 1998(S.I.1998/1012)


1(2) : defective drafting

1(7)(a)(i) : requires elucidation

2(1);

25 &

32(1)(a) : defective drafting

1(2);

2(1) &

57(5) : defective drafting


awaiting opportunity to amend

no action necessary

awaiting opportunity to amend


awaiting opportunity to amend


suitable amendment expected to be made shortly

elucidation provided

suitable amendments expected to be made shortly


suitable amendment expected to be made shortly


39th

Railways Regulations 1998

(S.I.1998/1340)


21(2) : defective drafting

amending instrument made to come into force on same date as S.I. 1998/1340

see Railways (Amendment) Regulations 1998 (S.I.1998/1519)

41st

Channel Tunnel Rail Link (Qualifying Authorities) Order 1998 (S.I.1998/1445)

recital of powers : defective drafting

no action necessary


42nd

Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 (S.I.1998/1561)

16(1)(c) : defective drafting

awaiting opportunity to amend

date for amending instrument not known

45th

Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998

(S.I.1998/1609)


5(1) : requires elucidation

no action necessary

elucidation provided

47th

Motor Vehicles (EC Type Approval) Regulations 1998 (S.I.1998/2051)

15(2) & 15(2)(d) : defective drafting

amend-ments contained in draft Regulations expected to be made during March1999


47th

Dartford-Thurrock Crossing Regulations 1998 (S.I.1998/1908)

Part II of the Table in regulation 4(1) : defective drafting

awaiting opportunity to amend

date for amending instrument not known

47th

Merchant Shipping (Radio Installations) Regulations 1998 (S.I.1998/2070)

21; 39(2); 47(2) & 45(6)(a) : defective drafting

44(3)(a) : requires elucidation


awaiting opportunity to amend



no action necessary


date for amending instrument not known




elucidation provided


48th

Merchant Shipping (Load Line) Regulations 1998 (S.I.1998/2241)

19(1)(d) & 37(3) : defective drafting

awaiting opportunity to amend

date for amending instrument not known

1998-99





1st

Provision and Use of Work Equipment Regulations 1998 (S.I.1998/2306)

6(4)(a) : requires elucidation

no action necessary

elucidation provided

1st

Lifting Operations and Lifting Equipment Regulations 1998 (S.I.1998/2307)

3(4) : defective drafting

2(1) & 9

require elucidation


awaiting opportunity to amend

no action necessary


date for amending instrument not known

elucidation provided


1st

Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 (S.I.1998/2411)

5(1) : insufficiently implements article 7(1) of Directive 94/33EC

the Department disagrees with the Committee


2nd

Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 (S.I.1998/2514)

6;

11(4);

12(2);

32(2)(f);

43(1);

62(5)(a) &

91(5) & (6) : defective drafting


awaiting opportunity to amend

date for amending instrument not known

2nd

Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 (S.I.1998/2515)

application to non-UK ships in UK waters not made clear;

32(2);

51(3) &

73 :

defective drafting


awaiting opportunity to amend


awaiting opportunity to amend


the Department agrees this is not clear and proposes to make a suitable amendment


date for amending instrument not known


 
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