Joint Committee on Statutory Instruments First Special Report


Appendix 4a

Department of Trade and Industry: instruments outstanding from 2001 and earlier

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

            from 1999:  4 (of which action on 2 remains outstanding)

            from 2000:  3 (of which action on 2 remains outstanding)

            from 2001:  2 (of which action on 1 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
1998
1997-98
36th Packaging (Essential Requirements) Regulations 1998 (S.I. 1998/1165) Regulation 15(1): defective drafting An amending instrument is currently being prepared and will be issued in the next few months. [1998]

It is likely that the amendment will be made in the late summer (2000). [1999]

The necessary amendment was made in regulation 10(1) (a) of The Packaging (Essential Requirements) Regulations 2003 (made on 28th July 2003). [2003]
1999
1998-99
13th Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations (S.I. 1999/360) Regulations 12(2)(a) and 16(2): defective drafting Date for amending instrument not known. [1999, 2000]

The amendment of the reported regulations has not yet been undertaken. The Department does not propose making another set of Regulations to correct a cross reference. As and when an amending instrument is required the necessary corrective provision will be incorporated. [2001]

The need for an amending instrument has yet to arise. [2003]
19th Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (S.I. 1999/1053) Regulation 2(1): defective drafting Date for amending instrument not known. (Responsibility for these Regulations has passed to DETR). [1999] Amending instrument made 24 June 2002: Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2002

(S.I. 2002/1649). [2002]

27th
Copyright (Application to other Countries) Order
(S.I. 1999/1751)
Regulation 4(30): failure to include a necessary footnote Awaiting opportunity to amend [1999, 2000, 2001]
29th Pressure Equipment Regulations 1999

(S.I. 1999/2001)

Schedule 8, para 2(d): defective drafting Awaiting opportunity to amend. [1999]

It is expected to make an amending Instrument later in 2001. [2000]

The necessary amendment was made in Regulation 2(3) of the Pressure Equipment (Amendment) Regulations 2002 (S.I. 2002/1267) made on 6th May 2002. [2001]
2000
1999-2000
14th Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000

(S.I. 2000/311)

Article 35(2): defective drafting Awaiting opportunity to act on comments

Likely to be rectified in late 2001/early 2002 when Restrictive Practices Court is dissolved, subject to examination of vires. [2000]

Now likely to be rectified when Restrictive Practices Court is dissolved (which we currently anticipate should be later in 2002) subject to examination of vires. [2001]

Now likely to be rectified when the Restrictive Practices Court is dissolved, which we now anticipate early in 2004, outstanding issues in relation to proceedings before the court having been finalised. [2003]
17th Radio Equipment and Telecommunications Terminal Equipment Regulations (S.I. 2000/730) Defective drafting The amendments are to be included in an instrument which will also make other amendments to the Regulations under report. The Department is not aware that the defective drafting has led to any problems. [2000] Still awaiting opportunity to amend. [2001]

The necessary amendments were made in the Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003. See Regulation 2 (6) and Regulation 2(15) accordingly. [2003]

2000-01
3rd Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2000

(S.I. 2000/3097)

Regulation 2(f): failure to implement Community directive: failure to conform with proper drafting practice. No response
2001
2001-02
2nd ACAS Arbitration Scheme (England and Wales) Order 2001 (S.I. 2001/1185) S.I. 2001/1185 - reported on the grounds that the drafting is defective and, in one respect, does not conform to proper drafting practice. 4 May 2001 - awaiting opportunity to amend/act on comments. The ACAS Arbitration Scheme only applies at present to England and Wales. The intention is for a new Scheme to be produced which covers all of Great Britain. The Committee's points will be acted on when the new Scheme is drawn up. This will be done as soon as resources are available, and should be no later than 2004. [2003]
11th Radiation (Emergency Preparedness and Public Information Regulations (S.I. 2001/2975) Regulations 391), 18(3) and 19 were reported for defective drafting Amending instrument to be issued by the HSE The amendments will be contained in the Schedule to the Carriage of Radioactive Material by Rail regulations which it is anticipated will be made in Summer 2002. [2001]

Amended by Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (S.I. 2002/2099) [2003].


 
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