Joint Committee On Statutory Instruments Third Report


THIRD REPORT


FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.

1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

2. A memorandum from the Department for Environment, Food and Rural Affairs in connection with the Medicines (Products for Animal Use—Fees) (Amendment) Regulations 2002 (S.I. 2002/2569) is printed in Appendix 1.

MEDICINES (PRODUCTS FOR ANIMAL USE—FEES) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/2569)

3. A memorandum from the Department for Environment, Food and Rural Affairs in connection with the Medicines (Products for Animal Use—Fees) (Amendment) Regulations 2002 (S.I. 2002/2569) is printed in Appendix 1. This memorandum was sent in reply to a question from the Committee concerning the conduct of the consultation process which preceded the making of this instrument. We are pleased to note that the consultation process was carried out properly. We shall continue to examine consultation processes from time to time as it seems appropriate, and encourage any interested parties to contact us should they have any complaints about the way a consultation process has been conducted.

MOTOR CARS (DRIVING INSTRUCTION) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/2640)

4. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

5. These Regulations amend the Motor Cars (Driving Instruction) Regulations 1989 (S.I. 1989/2057), which prescribe the examination which a person must pass before he can become a registered driving instructor. The examination is in three parts: the written examination, the driving ability and fitness test, and the instructional ability and fitness test.

6. These Regulations add a new element to the driving ability and fitness test: a test of hazard perception. Regulation 3(4) of the 1989 Regulations, as substituted by this instrument, states that a person shall be regarded as having passed the examination only if he has on the same day passed the written examination and the hazard perception element of the driving ability and fitness test, has subsequently passed the remaining elements of that test, and finally has passed the instructional ability and fitness test. In the absence of any transitional provision, the effect of this is that a person who had already passed the written examination (and possibly also the driving ability and fitness test), but not yet passed the instructional ability and fitness test, before these Regulations came into force will be required to take and pass the written examination again in order to satisfy the requirement that it is passed on the same day as the hazard perception element.

7. In a memorandum printed at Appendix 2, the Department for Transport accepts that this may be an unintended consequence of the substituted regulation 3(4), and undertakes to amend the Regulations as soon as possible. The Committee accordingly reports these Regulations for defective drafting, acknowledged by the Department.

MOTOR VEHICLES (DRIVING LICENCES) (AMENDMENT) REGULATIONS 2002 (S.I. 2002/2641)

8. The Committee draws the special attention of both Houses to these Regulations on the ground that they require elucidation.

9. These Regulations amend the Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864), which prescribe the tests which a person must pass before he can obtain a full driving licence. There are two tests: the theory test and the practical test. A person may not take the practical test unless he has already passed the theory test.

10. These Regulations add a second part to the theory test: the hazard perception test. In the absence of any transitional provision, it appeared to the Committee that the effect of this could be that a person who had already passed the theory test before these Regulations came into force will be required to take and pass the new two-part theory test.

11. In a memorandum printed at Appendix 3, the Department for Transport explains that the Regulations do not have this effect. Regulation 47 of the 1999 Regulations requires the person conducting a test to issue either a pass certificate or a failure statement on the day of the test, and regulates when a certificate is to be treated as invalid. A certificate which was valid when it was issued will remain valid despite the change in the nature of the test to which it relates. The Committee reports these Regulations as requiring the elucidation provided by the Department's memorandum.


 
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Prepared 11 December 2002