Joint Committee on Statutory Instruments First Special Report


Appendix 4b

Department of Trade and Industry: instruments reported, 2000-2002

Total number of instruments reported:   2000:  15 (of which action on 2 remains outstanding)

            2001:  7 (of which action on 2 remains outstanding)

            2002:  3 (of which action on 3 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Type and date of response Observations
2000
1999-2000
6th Dangerous Substances and Preparations (Safety) (Consolidation) (Amendment) (No.2) Regulations

(S.I. 1999/3193)

Defective drafting of Regulation 2, Schedule 2 The Committee's comments were incorporated in the succeeding instrument S.I. 2000/2897 which was made on 20th October 2000.
6th Chemicals (Chemicals Hazard Information and Packaging for Supply) (Amendment) (No.3) Regulations (S.I. 1999/3194) Defective drafting Regulation 2, Schedule 6 part III of the principal Regulations The Committee's comments were incorporated in the succeeding instrument S.I. 2000/2897 which was made on 20th October 2000.
13th Competition Commission Appeal Tribunal Rules (S.I. 2000/261) Rules 2(4) and (5) - Unexpected use of a power

Rule 17- Requires elucidation by the Department

Rule 17(2) - Unexpected and unusual use of a power

No action necessary For the reasons set out in the Explanatory Memorandum submitted to the JCSI on 6th March 2000.
13th Competition Act 1998 (Director's Rules) Order 2000 (S.I. 2000/293) Rule 5(1): defective drafting

Rule 13(1): requires elucidation provided by the Department

Rule 14(60(b) and 18(2)(b): require elucidation provided by the Department

No action necessary For the reasons set out in the Explanatory Memorandum submitted to the JCSI on 6th March 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]
24th Devil's Dyke Brighton and Hove Compulsory Rights Order 2000 Paragraph 2 of Part II of Schedule 2 to the Order was reported for defective drafting No action necessary Amendment of the Order was not possible and the Committee accepted that in this particular case there could be no doubt as to the intended effect of the Order and that a Court would read the provision with the cross-reference corrected.
30th Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations

(S.I. 2000/2039)

Preamble: Defective drafting Awaiting an opportunity to act on the Committee's comments These Regulations were the second in a series of Regulations. Subsequent Regulations will contain the require recital in the preamble. The next Regulations in the series are likely to be made in the third quarter of 2001. [2000]

The correct preamble was included in The Wireless Telegraphy (Broadband Fixed Wireless Access Licences) Regulations (SI2001/3193) and will be included in all future Regulations in the series. [2001]

32nd Motor Fuel (Designated Filling Stations and Fuel Depots) Order (S.I. 2000/2484) and five Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) Orders (S.I.s 2000/2522, 2523, 2530, 2533, 2535) Each of the Orders was reported as making an unexpected use of the power in section 1(1) (a) of the Energy Act 1976 No action necessary All the Orders had been revoked before they were reported.
2001
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
3rd Gas (Third Party Access and Accounts) Regulations 2000 (S.I. 2000/1937) Failure to supply statement of compatibility with Convention rights No action necessary
6th Utilities Act 2000 (Commencement No.4 and Transitional Provisions) Order 2000 (S.I 2000/3343) Regulation 15: failure to comply with proper drafting practice No action necessary No significant amendment considered necessary to the transitional provision concerned. The committee's comments on drafting practice are noted for future reference.

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]
3rd Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 (S.I. 2001/1170) Unexpected use of the enabling power. 1 June 2001 - no action necessary. The Committee took the view that the Department's memorandum made a convincing case for making the increase in the limit on costs which may be awarded by tribunals under the power in question.
3rd Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 (S.I. 2001/1171) Unexpected use of the enabling power. 1 June 2001 - no action necessary. The Committee took the view that the Department's memorandum made a convincing case for making the increase in the limit on costs which may be awarded by tribunals under the power in question.
6th
Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 (SI 2001/1701) Defective drafting in two respects Amending instrument issued. Made on 9/12/01; in force 3/1/02 Title of amending instrument - the Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2001.
11th Radiation (Emergency Preparedness and Public Information Regulations (S.I. 2001/2975) Regulations 3(1), 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].

2002
2001-02
30th Personal Protective Equipment Regulations 2002 (S.I.2002/1144) 16(2): Fails to comply with proper legislative practice

20(1): Defective drafting

Awaiting opportunity to amend

As above

Still awaiting opportunity to amend [2003]

As above

33rd Pressure Equipment (Amendment) Regulations 2002 (S.I. 2002/1267) 2(4)(a): Defective drafting Awaiting opportunity to amend Still awaiting opportunity to amend [2003]
2002-03
1st Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013) 3(2): Defective drafting



4(6): Requires elucidation

Awaiting opportunity to amend


No action necessary

Amendment likely in late 2003/early 2004, when issues relating to possible further substantial change to the Regulations have been resolved.

Elucidation provided in Departmental memorandum to JCSI of 4th November 2002.




 
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