Joint Committee on Statutory Instruments First Special Report


Appendix 2a

Ministry of Agriculture, Fisheries and Food and Department for Environment, Food and Rural Affairs:
instruments outstanding from 2001 and earlier

Total number of instruments outstanding:   from 1997:  7 (of which action on 3 remains outstanding)

            from 1998:  1 (of which action on 0 remains outstanding)

            from 1999:  3 (of which action on 1 remains outstanding)

            from 2000:  1 (of which action on 1 remains outstanding)

            from 2001:  4 (of which action on 1 remains outstanding)

§ — indicates departmental responsibility transferred from Department for Environment, Transport and the Regions
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
1997
1996-97
16th Registration of Homeopathic Veterinary Medicines Products Regulations 1997 (S.I. 1997/322) Schedule 2, para 8(2): defective drafting Still awaiting suitable opportunity to amend which may arise in 1999 following EC legislative developments. [1998]

1999 opportunity did not materialise. JCSI comments to be taken into account on next amendment. [1999]

No suitable opportunity has yet arisen to amend. No operational problems have arisen so far, and there has not been occasion for reliance on the offending provision. However, when an opportunity does arise to amend, the Department plans to do so. [2002]

1997-98
11th Animals and Animal Products (Examination for Residue and Maximum Residue Limits) Regulations 1997 (S.I. 1997/1729) Regulations 2(1), 3(4), 15(3), 20 and 23(2): defective drafting Amending instrument still in process of being drafted - now likely to be affected by devolution moratoria. [1998]

Draft of amending regulations currently under consideration in MAFF. [1999]

These Regulations are currently in the process of consolidation and major revision. The current timetable anticipates consultation in spring of 2004. [2002]
13th Fish Health Regulations 1997 (S.I. 1997/1881) Regulations 11(1) and 15(1): defective drafting It is expected that the Regulations will require updating and amendment within the next 18 months as part of the regular programme to implement fish health decisions. [1998]

The 1997 Regulations are to be amended within the next six months for another purpose and the necessary amendments will be made then. [1999]

No action has been taken so far. Contrary to expectation, it has not been necessary to amend the Regulations since they were made. However, the department plans to consult upon large scale amendments to the Regulations within the next few months. If, as is probable, at least some of these amendments go ahead, the Department will take this opportunity to rectify the defects identified by the Committee. [2002]
21st Specified Risk Material Order 1997 (S.I. 1997/2964) Regulation 10(2): defective drafting Accepted by Department. [1998]

New Order still under preparation. [1999]

Revoked by Regulation 104 of, and Part 1 of Schedule 9 to, the TSE (England) Regulations 2002/843. [2002]
21st Specified Risk Material Order 1997 (S.I. 1997/2964);

Specified Risk Material Regulations 1997

(S.I. 1997/2965); Specified Risk Material (Amendment) Regulations 1997 (S.I. 1997/3062)

Articles 11 & 12 of the Order; Regulations 27 & 28: unusual and unexpected use of powers No action as yet taken. [1998]

New Order and Regulations being prepared to take account of JCSI's points (responsibility for the Regulations passed to the Food Standards Agency on 01.04.2000). [1999]

S.I. 1997/2964 revoked by Regulation 104 of, and Part 1 of Schedule 9 to, the TSE (England) Regulations 2002/843. [2002]

1998
37th Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998

(S.I. 1998/1202)

Regulation 8(1): defective drafting

Paragraph 15 of the Schedule to the Regulations: defective drafting

Awaiting opportunity to amend. [1998]

The Regulations will be amended by DETR when they amend the Regulations which designate NVZs. Amending Regulations are thought very likely within the next 12 months. [1999]

These defects were corrected by the Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002, SI 2002/2614, reg 11(3). [2002]
1999
1998-99
15th Specified Risk Material (Inspection Charges) 1999

(S.I. 1999/539)

Regulations 3 and 4(1): defective drafting Memorandum sent to JCSI on 26.03.99. The S.I. set up a framework for imposing charges, but no charges have been imposed under it. If it is decided to bring the charging regime into effect, the drafting problem will be addressed. [1999] The charging regime has not been brought into effect, so the SI has not been amended. [2002]
29th Environmentally Sensitive Areas (Blackdown Hills) Designation (Amendment) Order 1999

(S.I. 1999/2223)

Schedule 2, item 10: defective drafting Amendment proposed to be made in Summer 2000. [1999] Defect corrected in the Environmentally Sensitive Areas (Stage IV) Designation Order 2000 (S.I. 2000/3052). [2000]
29th Environmentally Sensitive Areas (Dartmoor) Designation (Amendment) Order 1999

(S.I. 1999/2236)

Regulation 9(b); Schedule 2, item 1 of part II: defective drafting Amendment proposed to be made in Summer 2000. [1999] Defect corrected in the Environmentally Sensitive Areas (Stage IV) Designation Order 2000 (S.I. 2000/3052). [2000]

2000
1999-2000
32nd Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2000

(S.I. 2000/2301) §

2(3): defectively drafted Awaiting opportunity to amend. The amending Regulations have been drafted and it is hoped to have them in place before the end of July 2001. [2000] The Department regrets that the amendment has not yet been made, and undertakes to bring forward an amendment shortly. [2002]
2001
2000-01
3rd Countryside Stewardship Regulations 2000 (S.I. 2000/3048) Regulations 2(1), 3(3) and 5(b). Defective drafting. Amending instrument issued The Countryside Stewardship (Amendment) Regulations 2001 (SI 2001/3991) rectified each of the drafting defects identified by the Committee.
5th Water Supply (Water Quality) Regulations 2000

(S.I. 2000/3184) §

Regulations 1 and 35(8). Amending instrument issued These defects were corrected by a combination of the Water Supply (Water Quality) (Amendment) Regulations 2001 (SI 2001/2885) and the Water Supply (Water Quality) Regulations 2001 (2001/3911) (W. 323).
14th Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2001 (S.I. 2001/503) § Explanatory Note: insufficiently informative and therefore incomplete. No action necessary This did not call for amendment but was noted for future reports.

2001-02
2nd Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 (S.I. 2001/1117) 17(1): Defectively drafted Awaiting opportunity to amend Amendment likely to be made in 2004 [2001]

Work is currently under way to establish what changes may be made to the fisheries grants system in 2004. Once this is complete, the Department will be in a position to decide whether an amendment will be needed in 2004. If this is the case, the opportunity will be taken to rectify the defect identified by the Committee. [2002]


 
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