Joint Committee on Statutory Instruments Twenty-Fourth Report


TWENTY-FOURTH 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 Goods Vehicles (Plating and Testing) (Amendment) Regulations 2000 (S.I. 2000/1433) is printed in Appendix 1.

TRANSPORT OF EXPLOSIVES (SAFETY ADVISERS) REGULATIONS (NORTHERN IRELAND) 2000 (S.R. 2000/171).

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

  4. These regulations implement Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers in so far as it relates to the carriage of explosives by road, rail and inland waterway. The Committee asked the Northern Ireland Office whether the cross reference in regulation 5(1) to 7(10) should be to 7(9) and whether the reference in regulation 7(7) to the examination referred to in regulation 7(5) should in fact be to 7(4). In the memorandum printed in Appendix 2, the Department confirm that the Committee's proposed correction are correct and have undertaken to make the necessary amendments. The Department also agree that the reference in paragraph 1(b) of Schedule 1 purporting to disapply these regulations in the case of vehicles exempt from excise duty under the Vehicle Excise and Registration Act 1994 is incorrect because the relevant provision of that Act has been repealed. The Committee accordingly reports these regulations for defective drafting, acknowledged by the Department.

LOCAL GOVERNMENT (EARLY TERMINATION OF EMPLOYMENT) (DISCRETIONARY COMPENSATION) (ENGLAND AND WALES) REGULATIONS 2000 (S.I. 2000/1410).

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

  6. These regulations consolidate Parts II to IV of the Local Government (Discretionary Payments) Regulations 1996 and such provisions of Parts 1 and VII of those regulations as are necessary for the purposes as Parts II to IV. They make provision for discretionary payments to persons whose local government employment is terminated by reason of redundancy or in the interests of the service (but not on ill-health grounds), or where a joint appointment comes to an end because one of the holders leaves.

  7. The Committee asked the Department of the Environment, Transport and the Regions to explain the drafting of paragraph (5) of regulation 24 which deals with children's long term compensation. It applies for the purposes of that compensation paragraphs (2) and (3) of regulation 22 (spouses' long term compensation) "as if the reference in paragraph (3) to regulation 21 were a reference to" regulation 24. The Committee noted that regulation 22(3) refers to regulation 19 and not 21 and therefore asked the Department whether the quoted words ought to have operated upon regulation 22(4) in which regulation 21 is referred to. In the memorandum printed in Appendix 3, the Department agree with the Committee that the quoted words should have operated on regulation 22(4). The Committee accordingly reports these regulations for defective drafting, acknowledged by the Department.

DEVIL'S DYKE BRIGHTON AND HOVE COMPULSORY RIGHTS ORDER 2000

  8. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  9. Section 12 of the Pipelines Act 1962 enables the Secretary of State to authorise a person proposing to execute pipe-line works (in this case South Coast Power Ltd) to acquire rights over land in connection with the laying of the pipeline. Schedule 4 to the order sets out those rights. The Committee asked the Department of Trade and Industry whether, in Schedule 2, Part II of this Order, the reference in paragraph 2 to the right to pass over land mentioned in paragraph 2 ought rather to be a reference to the right mentioned in paragraph 1 of that Part. In the memorandum printed in Appendix 4, the Department of Trade and Industry agree that an error has been made and undertake to bring it to the attention of the beneficiary of the Order. The Committee accordingly reports the Order for defective drafting whilst accepting that, in the context of this Order and the 1962 Act Schedule 4, there can be no doubt as to the intended effect of paragraph 2. The Committee notes that, given the clear context, a court would read the provision with the cross-reference corrected.


1  
The Orders of Reference of the Committee are set out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back


 
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