Joint Committee on Statutory Instruments First Special Report


DTI: INSTRUMENTS OUTSTANDING FROM 1998

Total number of instruments outstanding: 3

JCSI ReportInstrument Title Regulation No. and Ground for reporting Observation in 1998 Report Observations
1997/98
20thTelecommunications (Interconnection) Regulations (S.I. 1997/2931) Regulation 2(2): defective draftingRegulation 6(3): defective draftingRegulations 6(4), (6) and (7), 10(2) and 12(1): defective draftingRegulation 6(11): defective draftingRegulation 7(50): defective draftingRegulation 10(1) defective drafting Regulations expected to be laid shortly Amended by the Telecommunication (Interconnection) (Number Portability, etc) Regulations 1999 (S.I. 1999/3449) insofar as the Department agreed with the Committee. The Department asserted in its Memorandum to the Committee that Regulations 6(4) and 12(1) were consistent with the Directive
36thPackaging (Essential Requirements) Regulations (S.I. 1998/1165) Regulation 6(1): defective drafting The Department is of the opinion that only one interpretation for the provision is possible   
36thPackaging (Essential Requirements) Regulations (S.I. 1998/1165) Regulation 13(2)(b)Regulation 15(1): defective drafting Although the observation by the Committee that a due diligence defence would in most cases not be relevant for the particular offence there may be circumstances where a defendant should not be denied the opportunity of raising the defenceAn amending instrument is currently being prepared and will be issued in the next few months It is likely the amendment will be made in the late summer
36thMeasuring Instruments (EEC Requirements) (Fees) Regulations 1998 (S.I. 1998/1177) Regulation 2(2):defective drafting The Department did not agree with the view of the Committee that Regulation 2(2) did not properly identify the services as the services are identified in the substantive regulations and by reference to a table in Sch. 1 to the Regulations   
     Paragraph 2 of Schedule 2: defective drafting The Department is currently preparing the annual amendment and this will rectify the defective drafting Amending Instrument made on 16th March 1999 (S.I. 1999/861)




 
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