Joint Committee on Statutory Instruments First Special Report


Appendix 5a

Department of the Environment, Transport and the Regions and Department for Transport, Local Government and the Regions: instruments outstanding from 2001 and earlier

Total number of instruments outstanding:   from 1998:  12 (of which action on 1 remains outstanding)

            from 1999:  14 (of which action on 3 remains outstanding)

            from 2000:  4 (of which action on 3 remains outstanding)

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

* — indicates departmental responsibility transferred to the Office of the Deputy Prime Minister

§ — indicates departmental responsibility transferred to the Department for Environment, Food and Rural Affairs

# — indicates departmental responsibility transferred to the Department for Transport

‡ — indicates departmental responsibility transferred to the Department of Health
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
1998
1997-98
21st Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997

(S.I. 1997/3022) #

5: defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Amending instrument made on 19 September 2001: Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001

(S.I. 2001/3209).

21st Merchant Shipping (ISM Code) (Port Waste Reception Facilities) Regulations 1997 (S.I. 1997/3018) # 15: defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Regulations revoking these Regulations made on 14 July 2003: Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809).
31st Control of Lead at Work Regulations 1998 (S.I. 1998/543) 3(1): requires elucidation not satisfactorily provided; unexpectedly narrow use of powers; failure to implement Directive 82/605/EEC The Regulations will be reviewed and amended in order to implement the requirements of Directive 98/24/EC (Chemical Agents Directive), which has effect from 5 May 2001. [1998]

The Regulations referred to above will be replaced by Regulations to be made in 2001. It is intended that these will implement, in part, the Chemical Agents Directive and come into force by 4 May 2001 at the latest. [1999]

Revoked and replaced by the Control of Lead at Work Regulations 2002 (S.I. 2002/2676), made on 25 October 2002. [2003]
35th Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Regulations 1998 (S.I. 1998/1056) # Paragraph 4(c) of the Schedule: defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

35th Merchant Shipping (Fire Protection: Small Ships) Regulations 1998

(S.I. 1998/1011) #

Merchant Shipping (Fire Protection: Large Ships) Regulations 1998

(S.I. 1998/1012) #

1(2): defective drafting

2(1), 25 and 32(1)(a): defective drafting

1(2), 2(1), 57(5): defective drafting

Suitable amendments expected to be made shortly. [1998]

Opportunity to make amendments likely to arise in summer 2000. [1999]

Amending instrument made on 26 March 1999: Merchant Shipping (Fire Protection (Amendment) Regulations 1999 (S.I. 1999/992).
42nd Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998

(S.I. 1998/1561) #

16(1)(c): defective drafting No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999] Amending instrument made on 19 September 2001: Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 (S.I. 2001/3209) [2003].
47th Merchant Shipping (Radio Installations) Regulations 1998 (S.I. 1998/2070) # 21, 39(2), 47(2) and 45(6)(a): defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Amending instrument made on 30 April 2001: Merchant Shipping (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/1638).
48th Merchant Shipping (Load Line) Regulations 1998

(S.I. 1998/2241) #

19(1) and 37(3): defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Amending instrument made on 16 May 2000: Merchant Shipping (Load Line)(Amendment) Regulations 2000 (S.I. 2000/1335).
1998-99
1st Lifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307) 3(4): defective drafting Date for amending instrument not known. [1998]

In its memorandum the Department said that if it becomes necessary to amend the regulations in some other respect, the opportunity would be taken to correct the error. No other amendments to the Regulations are proposed at the moment. [1999]

Amending Instrument made on 17 August 2002: Health and Safety (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2174).
2nd Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998

(S.I. 1998/2514) #

6, 11(4), 12(2), 32(2)(f), 43(1), 62(5)(a) and 91 (5)&(6): defective drafting Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Amending instrument made on 25 June 2002: Merchant Shipping (Miscellaneous Amendments) Regulations 2002(S.I. 2002/1650).
2nd Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 (S.I. 1998/2515) # Application to non-UK ships in UK waters not made clear

32(2), 51(3) and 73: defective drafting

The Department agrees this is not clear and proposes to make a suitable amendment [1998]

Date for amending instrument not known. [1998]

No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

Amending instrument made on 25 June 2002: Merchant Shipping (Miscellaneous Amendments) Regulations 2002(S.I. 2002/1650).
1999
4th Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998

(S.I 1998/2857) #

13: defectively drafted No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. Amending instrument made on 3 August 1999: Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 (S.I. 1999/2205).
5th Motor Vehicles (Authorisation of Special Types) (Amendment) (No.2) Order 1998

(S.I 1998/2884) #

Article 2(3) (inserting new Schedule 5A) The intention is to make the necessary correction later in 2000. This family of S.I.s is being completely redrafted and the current aim is to deal with the matter in that context. [1999]

Work is progressing on the redrafting of this family of S.I.s. It is hoped to complete the work in Autumn 2001. [2000]

The Department is intending to deal with this as part of the consolidation of the principal instrument. A draft of the instrument is currently subject to public consultation. The Department expects the instrument to be made later in 2002. [2001]

The preparation of this lengthy and complicated instrument has been delayed but the Department hopes that it will be made in the next few months. [2002]

Revoked by the Road Vehicles (Authorisation of Special Types) (General) Order 2003 (S.I. 2003/1998) which was made on 4 August 2003. [2003]

9th Merchant Shipping (Pilot Transfer Arrangements) Regulations 1999

(S.I.  1999/17) #

8(3) : defective drafting No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]

The Department is consulting on the proposed amendment. The consultation period ends on 25 May 2001. [2000]

Regulations revoking these Regulations made on 31 May 2002: the Merchant Shipping (Safety of Navigation) Regulations 2002 (S.I. 2002/1473). [2001]
12th Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (S.I 1999/257) # 7(8)(b) and (9); 10(1) and (2): unexpected exercise of power Adoption of the supplemental directive is awaited. Correspondence with Speaker's Counsel as to how to resolve this issue is continuing. [1999]

Directive 2000/18/EC was adopted on 17 April 2000 and is supplementary to Directive 96/35/EC. It is not planned to amend the Regulations at this time. [2000]

Directive 2000/18/EC was adopted on 17 April 2000 and is supplementary to Directive 96/35/EC. The Regulations are to be revoked and replaced by Regulations which HSE expects will be made in summer 2003. [2001]

HSE anticipates that the Regulations revoking and replacing the reported Regulations will be made in Spring 2004. The making of the new Regulations, which are a major consolidation, has taken longer than anticipated but the Regulations are now out to public consultation. [2002]
13th Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

(S.I. 1999/293)*

12(4): elucidation required Elucidation provided.

Opportunity to amend should arise in 2000. [1999]

Amending instrument made on 18 October 2000: Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000 (S.I. 2000/2867). [2000]
18th Merchant Shipping (Fire Protection) (Amendment) Regulations 1999

(S.I. 1999/992) #

4(a) and 8: defective drafting Opportunity to amend likely to arise in Summer 2000. [1999] Amending instrument made on 30 April 2001: Merchant Shipping (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/1638). [2000]
29th Merchant Shipping (Marine Equipment) Regulations 1999

(S.I, 1999/1957) #

23(3): defective drafting No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999] Amending instrument made on 30 April 2001: Merchant Shipping (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/1638). [2000]
29th Air Navigation (Fifth Amendment) Order 1999

(S.I. 1999/2059) #

Article 22D(3)(b) & paragraph 5 of Part C (section 1) of new Schedule 8: defective drafting It is intended to correct the defective drafting in a consolidation instrument due later in 2000. [1999] Amending instrument made on 14 June 2000: Air Navigation Order 2000 (S.I. 2000/1562). [2000]
29th Quarries Regulations 1999 (S.I. 1999/2024) ‡ 2(1): contains unnecessarily referential legislation

33(4) & 45(4): defective drafting

An opportunity to amend the Regulations is likely to arise in mid-2001. [1999]

This opportunity is not now likely to arise until December 2002. [2000]

HSE expects that amending Regulations will be made by end August/early September 2002. [2001]

These amendments were made on 17th August 2002 by the Health and Safety (Miscellaneous Amendments) Regulations 2002, regulation 9, S.I. 2002/2174. [2002 (Department of Health)]
29th Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 (S.I. 1999/2121) # 8(c): defective drafting Awaiting opportunity to amend. [1999] No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or as soon as reasonably practicable thereafter. [1999]
1999-2000
2nd Motor Vehicles (Driving Licences) Regulations 1999 (S.I. 1999/2864) 65(2): defective drafting It is intended to incorporate the correction in amending regulations currently being drafted. The aim is for the regulations to be made by the middle of 2000. [1999] Amending instrument made on 10 October 2000: Motor Vehicles (Driving Licences) (Amendment) Regulations 2000 (S.I. 2000/2766). [2002]
2nd Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III To VI(A)) Regulations 1999

(S.I. 1999/2721) #

20 grounds of defective drafting identified The points raised by the Committee have led the Department to consider a number of other possible amendments to the Regulations which it is hoped can be made at the same time. The aim is for the Regulations to be made by the end of June 2000. [1999] Amending instrument made on 29 September 2000: Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (S.I. 2000/2687). [2002]
2nd
Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892) ‡ 4 & 12(6): defective drafting Regulations will be amended in a convenient instrument probably later in 2000. [1999]

Policy issues need to be resolved before a timetable for new Regulations can be finalised. [2000]

HSE expects that amending Regulations will be made by summer 2003. [2001]

HSE is awaiting a suitable vehicle for these amendments. Regulations amending other provisions of the Nuclear Reactors (EIAD) Regulations were expected to be made in summer 2003; however, these were not proceeded with. [2002 (Department of Health)]
4th
Motor Fuel (Composition and Content) Regulations 1999 (S.I. 1999/3107) # Paragraph 1(1) of Schedule 2: defective drafting Department will endeavour to clarify the point at the first suitable opportunity. The operation of the Regulations is being kept under review and this may create that opportunity. Paragraph 1(1)(b) of Schedule 2 was revoked by the Motor Fuel (Composition and Content) (Amendment) Regulations 2001 (S.I. 2001/3895). This amending instrument was made on 5th December 2001. [2001]
2000
7th Management of Health and Safety at Work Regulations 1999 (S.I. 1999/3242) ‡ 19(4): defectively drafted Awaiting opportunity to amend [2000] The 1999 Regulations are to be amended (for other reasons) and the error will be remedied at that stage. The amending Regulations are likely to be made by the end of December 2001. [2000]

HSE expects an amending instrument to be made in autumn 2002. [2001]

The amending Regulations are expected to be signed in July 2003. [2002 (Department of Health)]

7th
Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 (S.I. 2001/9) 6: defective drafting The Regulations are to be amended by the Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002 which are expected to be made before the end of July 2002 and to come into force in November 2002. The Regulations were amended by paragraph 59 of the Schedule to the Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002 (S.I. 2002/2201) which came into force on 23 November 2002.
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.
2000-01
1st Genetically Modified Organisms (Contained Use) Regulations 2000

(S.I. 2000/2831) ‡

(a) 13(1)(b): defectively drafted

(b) 15(2)(g): defectively drafted

(c) 15(5): defectively drafted

(d) 29(8)(b)(ii): defectively drafted

(e) 30: defectively drafted

(f) paragraphs 1(b), 2(b) and 3(b) of Schedule 6: elucidation required

(g) paragraph 9(4) of Schedule 11: unexpected use of enabling powers

(h) paragraph 9(6) of Schedule 11: failure to conform to proper drafting practice

(a) Awaiting opportunity to amend

(b) No action necessary

(c) Awaiting opportunity to amend

(d) Other

(e) Awaiting opportunity to amend

(f) No action necessary

(g) Awaiting opportunity to amend

(h) Awaiting opportunity to amend

(a) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]

(b) In the Department's view regulation 15(2), although it could be drafted in a different way, conveys the intended meaning. [2000]

(c) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]

(d) Whether or how this provision should be amended depends on amendments made to regulation 13(1) (see point (a) above). If it is decided that this provision should be amended then this will be included in the amending Regulations, which it is anticipated will be made by the end of October 2001. [2000]

(e) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]

(f) Elucidation provided. [2000]

(g) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]

(h) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]

(a), (c), (e), (g), (h): HSE expects that amending Regulations will be made in spring 2003. [2001]

There has been a delay in drafting the Regulations which will amend other provisions of the GMO(CU) Regulations 2000. The Regulations are expected to be made by Spring 2004.
[2002 (Department of Health)]

2001
2001-02
3rd
Biocidal Products Regulations 2001 (S.I. 2001/880) ‡ (a) 8(5): defective drafting

(b) 25(6): defective drafting

(a) - (b) Other. (a) - (b) HSE is still considering whether, and if so how, it can meet the Committee's concerns whilst fully implementing the relevant part of the Biocidal Products Directive (98/8) and enabling the implemented requirements to be enforced. It is unlikely that any amending instrument would be made before end March 2003. [2001]

HSE has still not determined whether, and if so how, it can meet the Committee's concerns whilst fully implementing the relevant part of the Directive. [2002]


 
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