Joint Committee on Statutory Instruments First Report


APPENDIX 7

Memorandum from the Department for Transport

PACKAGING, LABELLING AND CARRIAGE OF RADIOACTIVE MATERIAL BY RAIL REGULATIONS 2002 (S.I. 2002/2099)

1. The Committee considered the Packaging, Labelling and Carriage of Radioactive Materials by Rail Regulations 2002 at its meeting on 28 October 2002 and has requested a memorandum on the following points:

(1) Regulation 27 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 in the Directives, why is this not made clear?

(The Committee raised a similar point in respect of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689).)

2. The power in regulation 27 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 when a suitable opportunity arises. (The Department submitted a similar reply on 17th September 2002 to the same point raised by the Committee with regard to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002.)

(2) Paragraph 18 of Schedule 3 refers to 31 December 2006. Confirm that this date is correct.

  

Confirmed.

7th November 2002


 
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