Joint Committee on Statutory Instruments Sixth Report


SIXTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

ORDERED TO REPORT:

  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

  2. A memorandum by the Department of the Environment, Transport and the Regions in connection with the Draft Local Government Best Value (Exemption) (England) Order 2000 is printed in Appendix I to this Report.

  3. A memorandum by the Department of Social Security in connection with the Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178) is printed in Appendix 2 to this Report.

  4. A memorandum by the Inland Revenue in connection with the Tax Credits (Payment by Employers) Regulations 1999 (S.I. 1999/3219) is printed in Appendix 3 to this Report.

DANGEROUS SUBSTANCES AND PREPARATIONS (SAFETY) (CONSOLIDATION) (AMENDMENT) (NO. 2)
REGULATIONS 1999 (S.I. 1999/3193)

CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) (AMENDMENT) (NO. 3)
REGULATIONS 1999 (S.I. 1999/3194)

  5. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  6. The Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) (No. 2) Regulations 1999 amend the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (S.I. 1994/2284) by adding to and consolidating the list of carcinogenic and mutagenic substances, and certain substances toxic for reproduction, the supply of which in specified concentrations to the public and to any person for sale to the general public is prohibited. The Chemicals (Hazard Information and Packaging for Supply) (Amendment) (No. 3) Regulations 1999 amend the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I. 1994/3247) to similar effect.

  7. These Regulations substitute new schedules to their principal Regulations (Regulation 2 of S.I 1999/3193 substitutes a new schedule 2 to S.I. 1994/2844 and Regulation 2 of S.I. 1999/3194 substitutes a new Part III of Schedule 6 to S.I 1994/3247). Each schedule contains a new fifth "Notes" column with lettered notes against some substances. But the Regulations contain no provision giving the notes any legal effect. The Committee asked the Department to identify the document which contains these lettered notes and explain why they are not incorporated (or referred to) in these Regulations.

  8. The Department explain that the document containing the lettered notes is the Annex to Directive 97/56/EC which explains that the notes are extracted from Annex 1 of Directive 67/548/EEC. The contents of Annex 1 of the latter Directive are contained in the approved supply list which, in the case of the substances covered by these Regulations, is incorporated into the regime governed by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I. 1994/3247) (the "CHIPS" Regulations). Since the notes are given effect by their inclusion in the supply list contained in the CHIPS Regulations, the Schedules of S.I.s 1999/3193 and 3194 should not have included column 5. The Department have undertaken to remove the notes columns at the earliest possible opportunity. The Committee accordingly reports these Regulations for defective drafting, acknowledged by the Department.


1   The Orders of Reference of the Committee are set out in the First Report, Session 1999-00 (HL Paper 4; HC 47-i). Back


 
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