Joint Committee on Statutory Instruments First Special Report


DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS INSTRUMENTS REPORTED IN 1999

Total number of instruments reported on:19

JCSI ReportInstrument Title Regulation number & ground for reporting Type and date of response Observations
1998-99
4thMerchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998 (S.I. 1998/2857) (a) 3(2): defectively drafted(b) 13: defectively drafted (a) No action necessary(b) Awaiting opportunity to amend (a) Department disagrees with Committee(b) 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
5thMotor Vehicles (Authorisation of Special Types) (Amendment No. 2) Order 1998 (S.I. 1998/2884) Article 2(3) (inserting new Schedule 5A) Awaiting opportunity to amend The intention is to make the necessary correction later in 2000. This family of S.I.s is being completely redrafted and the current aim is to deal with the matter in that context
9thMerchant Shipping (Pilot Transfer Arrangements) Regulations 1999 (S.I. 1999/17) 8(3): defective drafting Awaiting opportunity to amend 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
12thTransport of Dangerous Goods (Safety Advisers) Regulations 1999 (S.I. 1999/257) 7(8)(b) and (9); 10(1) and (2): unexpected exercise of power OtherAdoption of the supplemental directive is awaited. Correspondence with Speaker's Counsel as to how to resolve this issue is continuing
13thTown and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) 12(4): elucidation required Awaiting opportunity to amend Elucidation provided. Opportunity to amend should arise in 2000
15thMotor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1999 (S.I. 1999/617) 4 (inserting new regulation 13A(2)(d)(i)): elucidation required Committee's comments incorporated in succeeding instrument Although the regulations were reported for defective drafting, the Department has, in producing new consolidated regulations (Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) made on 19 October 1999), endeavoured to make the point clearer (in regulation 17(3)(d)(ii)).
18thMerchant Shipping (Fire Protection) (Amendment) Regulations 1999 (S.I. 1999/992) 4(a) and 8: defective drafting Awaiting opportunity to amend Opportunity to amend likely to arise in Summer 2000
19thAnti-Pollution Works Regulations 1999 (S.I. 1999/1006) 2(c): unexpectedly narrow exercise of power. The Regulations fail to state cases in which the appellant may claim that the works notice should have been served on somebody else No action necessary Department disagrees with the Committee
29thMerchant Shipping (Marine Equipment) Regulations 1999 (S.I. 1999/1957) 23(3): defective drafting Awaiting opportunity to amend 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
29thAir Navigation (Fifth Amendment) Order 1999 (S.I. 1999/2059) (a) Article 22D(3) (b) & paragraph 5 of Part C (section 1) of new Schedule 8: defective drafting(b) Misleading Explanatory Note (a) Awaiting opportunity to amend(b) No action necessary (a) It is intended to correct the defective drafting in a consolidation instrument due later in 2000(b) Department disagrees with the Committee. The Explanatory Note for the consolidation instrument will be different
29thQuarries Regulations 1999 (S.I. 1999/2024) 2(1): contains unnecessarily referential legislation33(4) & 45(4): defective drafting Awaiting opportunity to amend An opportunity to amend the Regulations is likely to arise in mid-2001
29thMerchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 (S.I. 1999/2121) 8(c): defective drafting Awaiting opportunity to amend 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
30thMerchant Shipping and Fishing Vessel (Personal Protective Equipment) Regulations 1999 (S.I. 1999/2205) 3(2) : defective drafting no action necessary Department will bear the point in mind for the future
1999/2000
1stMerchant Shipping (Accident Reporting and Investigation) Regulations 1999 (S.I. 1999/2567) (a) 2(2): contains a definition drafted in an unnecessarily referential manner(b) 6(2) and 7(1): elucidation required(c) 6(2) and 7(1): defective drafting No action necessary (a) Department disagrees with Committee(b) Elucidation provided(c) Department will bear the point in mind for the future
2ndMotor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) 65(2): defective drafting Awaiting opportunity to amend It is intended to incorporate the correction in amending regulations currently being drafted. The aim is for the regulations to be made by the middle of 2000
2ndNuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892) 4 & 12(6): defective drafting Awaiting opportunity to amend Regulations will be amended in a convenient instrument probably later in 2000
2ndMerchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999 (S.I. 1999/2721) 20 grounds of defective drafting identified Awaiting opportunity to amend A draft of amending Regulations has been prepared. The points raised by the Committee have led the Department to consider a number of other possible amendments to the Regulations which it is hoped can be made at the same time. The aim is for the Regulations to be made by the end of June 2000
3rdFishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 (S.I. 1999/2998) 11(3): defective drafting Committee's comment incorporated in succeeding instrument Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 (S.I. 1999/3210) made on 30 November 1999
4thMotor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107) Paragraph 1(1) of Schedule 2: defective drafting Awaiting opportunity to amend Department will endeavour to clarify the point at the first suitable opportunity. The operation of the Regulations is being kept under review and this may create that opportunity




 
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