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
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.
1999 (S.I. 1999/3193)
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