Joint Committee on Statutory Instruments Thirty-Fifth Report


Memorandum from the Department for Transport


1. The Committee has asked the Department to submit a Memorandum on the following point:

In a memorandum dated 9 November 2001, the Department for Transport, Local Government and the Regions informed the Committee that consolidation of the principal Regulations of 1986 was being actively considered in the assessment of Departmental priorities. In the light of that consideration when does the Department expect to be able to make progress with the consolidation?

2. In response to the JCSI's concerns, we have been reviewing the principal Regulations of 1986 (known as "the Construction and Use Regulations") thoroughly, and taking the opportunity to consider their function in relation to Type Approval Regulations, to which they are closely linked. There appears to be a considerable amount of duplication in the functions of each of the sets of complex Regulations, particularly in relation to Community obligations. Since contravention of the regulations is a criminal offence, the Department is alive to the concerns this raises. But mere consolidation does not, unfortunately, eliminate all the difficulties.

3. The Department is attracted to the view that a more durable long-term solution than a straight consolidation may be a radical re-structuring and simplification of the regime. It could align more closely with the Community's approach to vehicle construction and use, and future amendments may be simpler and clearer.

4. We are currently scoping the project, including timetabling and budgeting, as well as considering the legal issues in depth.

5. A consolidated version of the Regulations is available commercially from Sweet and Maxwell and Butterworths.

28 June 2002

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