Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

DTI: INSTRUMENTS REPORTED IN 1998

Total number of instruments reported on: 11


JCSI Report

Instrument Title

Regulation No. and Ground for Reporting

Type and date of response

Observations

1997/98





20th

RTPA (Non-notifiable Agreements) (Sale and Purchase, Share Subscription and Franchise Agreements Order

(SI 1997/2945)


Article 3(b)(iii) was reported for defective drafting

No action necessary

No action necessary as users would not have been misled

20th

Telecommunications (Interconnection) Regulations

(SI 1997/2931)


Regulation 2(2): defective drafting Regulation 6(3): defective drafting Regulations 6(4),(6) and (7),10(2) and 12(1): defective drafting

Regulation 6(11): defective drafting

Regulation 7(50): defective drafting

Regulation 10(1): defective drafting


Awaiting Opportunity to amend in regulations to implement to implement Directive 98/61/EC amending Directive 97/33/EC (the Interconnection Directive)

Regulations expected to laid shortly.


20th


Cosmetic Products (Safety) (Amendment) Regulations

(SI 1997/2914)



Regulation 2(g): defective drafting


Amending instrument issued


The Cosmetic Products (Safety) (Amendment) Regulations (SI 1998/1727) were made on 15 July 1998

21st

Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations

(SI 1997/3035)


Regulation 2(0): elucidation

Regulation


26A(8): defective drafting


no action necessary



no action necessary


The Committee had requested an explanation of purpose and effect of a generally expressed power which the Department was able to give and which must remain general as opposed to specifying an exhaustive list of circumstances.

The Department disagrees with the Committee that the new provision could have wider effect in practice due to restraints of jurisdiction


23rd

Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations (SI 1998/81)

Paragraph (4) of new regulation 12A (inserted by regulation 2(4)): defective drafting

Amending instrument issued

Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No.2) Regulations

(SI 1998/1469) were made on 17 June 1998.


36th

Measuring Instruments (EEC Requirements) (Fees) Regulations (SI 1998/1177)

regulation 2(2): defective drafting

no action necessary

The department did not agree with the view of the Committee that regulation 2(2) did not properly identify the services as the services are identified in the substantive regulations in the regulations and by reference to a table in Schedule 1 to the Regulations.



paragraph 2 of Schedule 2: defective drafting

Awaiting opportunity to amend

The Department is currently preparing the annual amendment (scheduled to come into force on 1st April 1999) to the instrument to update the fees and this amending instrument will rectify the defecting drafting.

36th

Packaging (Essential Requirements) Regulations

(SI 1998/1165)


regulation 6(1): defective drafting

regulation 13(2)(b)

regulation 15(1): defective drafting


no action necessary

no action necessary

Awaiting opportunity to amend


The Department is of the opinion that only one interpretation for the provision is possible.

Although the observation by the Committee that a due diligence defence would in most cases not be relevant for the for the particular offence there may be circumstances where a defendant should not be denied the opportunity of raising the defence.

An amending instrument is currently being prepared (principally for other reasons) and will be issued in the next few months


42nd

Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations (SI 1998/1531)

Regulation 3(3): defective drafting

No action taken

The Department disagrees with the Committee

43rd

Telecommunications (Open Network Provision) (Voice Telephony) Regulations (SI 1998/1580)

Regulation 21(1): does not accord with good legislative practice

No action necessary

These are all points on which the Department was not in agreement with the Committee




Regulation 34 requires elucidation

Regulation 40(1): imposes a charge on the public revenues













48th

Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations

(SI 1998/2218)


regulation 3(6) (introducing a new regulation 12 to the Measuring Equipment (Liquid Fuel and Lubricants) Regulations (SI 1995/1014) specifically in relation to para (3)): defective drafting

No action necessary

The Department did not agree that the replacement provision had been defectively drafted and we take the view that the formulation of new regulation 12(3) does ensure the end result required by the Department.

1998/99





1st

Late Payment of Commercial Debts (Rate of Interest) Order

(SI 1998/2480)


The entire instrument was reported on the grounds of invalidity, in that the instrument required the consent of the Treasury, but that consent was not obtained.

Succeeding instrument issued

The Late Payment of Commercial Debts (Rate of Interest) (No.2) Order (SI 1998/2765) made on 12 November 1998


 
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