Memorandum prepared by the Northern Ireland
CARRIAGE OF EXPLOSIVES BY RAIL REGULATIONS (NORTHERN
IRELAND) 2001 (S.R. 2001/387)
1. Following its meeting on the 19th November
the Committee requested the department to submit a memorandum
on the following point:
Explain the need for the general saving in regulation
22(1) for "any provisions imposed by the Communities"?
2. The Committee referred the department to paragraph
9 of the its Third Report (session 1997 - 98) where it dealt with
a similar reference Railway Safety (Miscellaneous Provisions)
Regulations 1997 (S.I. 1997/553).
3. The department accepts that the words quoted above
in regulation 22(1) are unnecessary since the generality of the
words conferring the power to grant exemptions must be regarded
as implicitly restricted so as to exclude the exercise of the
power which is not consistent with the United Kingdom's obligations
under Community law. The department will avoid the use of such
words in future Regulations. The department apologises for this
defect, which the Committee has already drawn to the attention
of departments in the report referred to above.