Joint Committee on Statutory Instruments Thirty-Ninth Report



APPENDIX 2

Memorandum from the Department for Transport

  1. The Committee considered the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 at its meeting on 22 July 2002 and requested a memorandum on the following points:
  2. (1) Regulation 13 confers a general power on the Executive to grant exemptions from the requirements of these Regulations. Explain how this power is compatible with the requirements of the Directives referred to in the Explanatory Note. If it is intended to be limited to what is authorised by the Directives, why is this not made clear?

  3. The power in regulation 13 is indeed intended to be limited to the granting of exemptions which are compatible with the provisions of the Directives referred to in the Explanatory Note. The Department concedes that this is not clear on the face of the regulation. The regulation will be amended appropriately when a suitable opportunity arises.
  4. (2) The Committee assumes that the references in regulations 9 and 10 of the CDGCPL Regulations, as substituted by regulation 18(2) of this instrument, to regulation 8 of the supply Regulations are intended to be construed as references to regulation 8 of this instrument. If that is correct, why is the definition of "the supply Regulations" in regulation 2(1) of the CDGCPL Regulations not also amended?

  5. The Department concedes that the definition of "the supply Regulations" in regulation 2(1) of the CDGCPL Regulations should also have been amended. As the CDGCPL Regulations are shortly to be revoked and replaced by new legislation the Department does not propose to take any further action at this time.

17th September 2002

 


 
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