Joint Committee on Statutory Instruments First Special Report


DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS INSTRUMENTS OUTSTANDING FROM 1998

Total number of instruments outstanding: 17

JCSI Report Instrument title Regulation number & ground for reporting Observation in 1998 return Observations
1997-98
20thMotor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2936) 2(2): defective drafting Date for amending instrument not known, but opportunity likely to arise in next few months This error was corrected by regulation 2 of Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1998 (S.I. 1998/1006) made on 7 April 1998
21stMerchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 (S.I. 1997/3022) 5: defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. This Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
21stMerchant Shipping (Port Waste Reception Facilities) Regulations 1997 (S.I. 1997/3018) 15: defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
21stRoad Vehicles (Statutory Off-Road Notification) Regulations 1997 (S.I. 1997/3025) 5(1): defective drafting Date for amending instrument not known, but opportunity likely to arise in next few months This point was corrected by regulation 2(2) of Road Vehicles (Statutory Off-Road Notification) (Amendment) Regulations (S.I. 1999/713) made on 9 March 1999
22ndMotor Vehicles (Driving Licences) (Amendment) Regulations 1998 (S.I. 1998/20) 18(3): defective drafting This will be done on consolidation expected to be undertaken during 1999 This has been corrected by consolidation regulations (Motor Vehicles (Driving Licences) Regulations (S.I. 1999/2864)), made on 19 October 1999
31stControl of Lead at Work Regulations 1998 (S.I. 1998/543) 3(1): requires elucidation not satisfactorily provided;unexpectedly narrow use of powers: failure to implement Directive 82/605/EEC The Regulations will be reviewed and amended in order to implement the requirements of Directive 98/24/EC (The Chemical Agents Directive) which has effect from 5 May 2001 The Regulations referred to in adjacent column will be replaced by Regulations to be made in 2001. It is intended that these will implement, in part, the Chemical Agents Directive and come into force by 4 May 2001 at the latest
35thMerchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Regulations 1998 (S.I. 1998/1056) Paragraph 4(c) of the Schedule: defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
35hMerchant Shipping (Fire Potection: Small Ships) Regulations 1998 (S.I. 1998/1011)Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (S.I. 1998/1012) 1(2): defective drafting2(1), 25 & 32(1)(a): defective drafting1(2), 2(1), 57(5): defective drafting Suitable amendment to be made shortlySuitable amendments expected to be made shortlySuitable amendment expected to be made shortly Opportunity to make amendments likely to arise in Summer 2000
42ndMerchant Shipping (International Safety Management)(ISM) (Code) Regulations 1998 (S.I. 1998/1561) 16(1)(c): defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
47thMotor Vehicles (EC Type Approval) Regulations 1998 (S.I. 1998/2051) 15(2) & 15(2) (d): defective drafting Amendments contained in draft Regulations expected to be made during March 1999 These points were corrected by regulation 2 of Motor Vehicles (EC Type Approval) (Amendment) Regulations 1999 (S.I. 1999/778) made on 10 March 1999
47thDartford- Thurrock Crossing Regulations 1998 (S.I. 1998/1908) Part II of the Table in regulation 4(1): defective drafting Date for amending instrument not known The error was corrected in the Dartford-Thurrock Crossing (Amendment) Regulations 1999 (S.I. 1999/2208) made on 3 August 1999
47thMerchant Shipping (Radio Installations) Regulations 1998 (S.I. 1998/2070) 21; 39(2); 47(2) & 45(6)(a): defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
48thMerchant Shipping (Load Line) Regulations 1998 (S.I. 1998/2241) 19(1) & 37(3): defective drafting Date for amending instrument not known Amendments are likely to be made in June 2000
1998-99
1stLifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307) 3(4): defective drafting Date for amending instrument not known In its memorandum the Department said that if it becomes necessary to amend the Regulations in some other respect, the opportunity would be taken to correct this error. No other amendments to the Regulations are proposed at the moment
2ndMerchnat Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 (S.I. 1998/2514) 6; 11(4); 12(2); 32(2)(f); 43(1); 62(5)(a) & 91(5) & (6): defective drafting Date for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter
2ndMerchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 (S.I. 1998/2515) Application to non-UK ships in UK waters not made clear;32(2); 51(3) & 73: defective drafting The Department agrees this is not clear and proposes to make a suitable amendmentDate for amending instrument not known No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter





 
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