Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

NORTHERN IRELAND OFFICE: INSTRUMENTS OUTSTANDING FROM 1997

Total number of instruments outstanding: 7



JCSI Report


Instrument title


No. of Article, Regulation or Schedule and Ground for reporting


Observation in 1997 Return


Observations

1996/97





6th

Public Order (Prescribed Form) Regulations (Northern Ireland) 1997 (S.R. 1997/235)

Regulations ultra vires

New powers to make regulations included in the Public Processions etc. (Northern Ireland) Bill; new regulations to be made as soon as possible after Bill enacted

Public Order (Prescribed Forms) Regulations (Northern Ireland) 1998 (S.R. 1998/395) made on 19 February 1998

14th

Ports (Levy on Disposal of Land, etc.) Order (Northern Ireland) 1997 (S.R. 1997/12)

Art: 36(5): Defective drafting

Amending instrument to be made in 1998

Amending instrument made 7.4.98 (Ports (Levy on Disposal of Land, etc.) (Amendment) Order (Northern Ireland) 1998 (S.R. 1998/148))

1997/98





14th

Explosives (Fireworks) Regulations (Northern Ireland) 1997 (S.R. 1997/401)

Reg. 9: Partly ultra vires

New powers for regulations to be included in Fireworks Act 1997 and new regulations to be made in the course of 1998

The 1997 Act (which would have included wider powers than are currently available) did not materialise, but 1999 regulations are being prepared under the existing powers which will take account of the Joint Committee's comments

16th

Carriage of Explosives by Road Regulations (Northern Ireland) 1997 (S.R. 1997/474)

Regs 3(3)(a), 11(1) and Schedule 9, para 6(a): Defective drafting

New regulations to be made to take into account also changes to be made in Great Britain regulations. Northern Ireland regulations likely in 1999

Regulations amending the 1997 regulations are to be made by July 1999, and they will take account of the Joint Committee's comments


16th


Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997 (S.R. 1997/475)


Regs 1(1), 1(6), 4(1), 4(2), 5(1), and Schedule 3: Defective drafting


New regulations to be made to take into account also changes to be made in Great Britain regulations. Northern Ireland regulations likely in 1999


Regulations amending the 1997 regulations are to be made by July 1999, and they will take account of the Joint Committee's comments

17th

Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997/469)

Schedule 3, paras 1(1), 7 and 8: Defective drafting

Date for amending instrument not known

Date for amending instrument not yet known (these regulations follow the model of earlier regulations for England and Wales)

17th

Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997 (S.R. 1997/470)

Schedule 3, paras 1(1), 7 and 8: Defective drafting

Date for amending instrument not known

Date for amending instrument not known (these regulations follow the model of earlier regulations for England and Wales)


 
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