Joint Committee on Statutory Instruments First Special Report


APPENDIX

DEPARTMENTAL RETURNS

MINISTRY OF AGRICULTURE, FISHERIES AND FOOD: INSTRUMENTS OUTSTANDING FROM 1998

Total number of Instruments outstanding: 8

JCSI Report Instrument Title Regulation No and Ground for reporting Observation in 1998 Return Observations
1996/97
16thRegistration of Homeopathic Veterinary Medicines Products Regulations (S.I. 1997/322) Schedule 2, para 8(2) defective drafting Still awaiting suitable opportunity to amend which may arise in 1999 following EC legislative developments 1999 opportunity did not materialise. JCSI comments to be taken into account on next amendment.
1997/98
11thAnimals and Animal Products (Examination for Residue and Maximum Residue Limits) Regulations 1997 (S.I. 1997/1729) Regulations 2(1), 3(4), 15(3), 20 and 23(2)—defective drafting Amending instrument still in process of being drafted— now likely to be affected by devolution moratoria Draft of amending regulations currently under consideration in MAFF
13thFish Health Regulations 1997 (S.I. 1997/1881) 11(1)—defective drafting;15(1)—defective drafting It is expected that the Regulations will require updating and amendment within the next 18 months as part of the regular programme to implement fish health decisions The 1997 Regulations are to be amended within the next six months for another purpose and the necessary amendments will be made then.
1997/98
21stSpecified Risk Material Order 1997 (S.I. 1997/2964) Regulation 10(2): defective drafting Accepted by Department New Order still under preparation
21stSpecified Risk Material Order 1997; Specified Risk Material Regulations 1997 (S.I. 1997/2965); Specified Risk Material (Amendment) Regulations 1997 (S.I. 1997/3062) Regulations 11 & 12 of the Order; 27 & 28 of the Regulations: unusual and unexpected use of powers No action as yet taken but see observations New Order and Regulations being prepared to take account of JCSI's points (responsibility for the Regulations passed to the Food Standards Agency on 1/4/2000)
34thThe Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations (S.I. 1998/1026) Dubious vires for creation of offences No action taken but see observations Although the Department does not share the Committee's doubts about the vires for offences, it will review the Regulations in due course and will consider alternative sanctions
37thAction programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 (S.I. 1998/1202) Regulation 8(1)—defective drafting; Paragraph 15 of the Schedule to the Regulations—defective drafting Awaiting opportunity to amend. The Regulations will be amended by DETR when they amend the Regulations which designate NVZs. Amending Regulations are thought very likely within the next 12 months
1998/99
1stDrinking Milk Regulations 1998 Failure to comply with drafting practice; explanatory note incomplete On drafting, amendment likely for 1999; on explanatory note, HMSO contacted for correction in Annual Volume and future reprints Drafting comment to be taken into account in next amendment




 
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