Joint Committee on Statutory Instruments First Special Report


Appendix 5b

Department of the Environment, Transport and the Regions and Department for Transport, Local Government and the Regions: instruments reported on in 2000 and 2001

Total number of instruments reported:   2000: 29 (of which action on 3 remains outstanding)

              2001: 13(of which action on 1 remains outstanding)

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

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

# — denotes 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 Type and date of response Observations
2000
1999-2000
7th Ionising Radiations Regulations 1999

(S.I. 1999/3232)

(a) 7(4): not drafted in accordance with proper drafting practice

(b) 36(7): doubt as to vires

(a) No action necessary

(b) Awaiting opportunity to amend [2000]

(a) Section 17(2)(a) of the Interpretation Act 1978 applies.

(b) This provision is to be amended in Regulations, the draft of which is currently with the European Commission and member States for scrutiny under EURATOM procedures. [2000]

Regulation 36(7) was substituted by paragraph 6 of Schedule 11 to the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (S.I. 2001/2975), made on 27 August 2001. [2001]

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. [Department of Health: 2002]

7th Merchant Shipping (Registration of Ships and Tonnage) (Amendment) Regulations 1999

(S.I. 1999/3206)

3(c): definition drafted in an unnecessarily referential manner No action necessary The Department considers there are advantages in using cross-references to avoid repetition of long definitions used in many merchant shipping regulations but will generally aim to set out definitions in full.
9th Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445) (a) 8(4) and paragraph 16(4) of new Schedule 3: defectively drafted

(b) 14(2): defectively drafted

(a) Amending instrument made on 5 September 2000

(b) Amending instrument made on 5 September 2000

(a) Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000 (S.I. 2000/2391).

(b) Harbour Works (Environmental Impact Assessment) (Amendment) Regulations 2000 (S.I. 2000/2391).

10th Draft Greater London Authority (Election Expenses) Order 2000* Draft Order makes an unexpected use of the power under which it is made No action necessary The Order was not made.
11th Draft Greater London Authority Elections (Expenses) Order 2000* Draft Order makes an unexpected use of the power under which it is made No action necessary The Order was approved by both Houses of Parliament despite the unexpected use of the power. Greater London Authority Elections (Expenses) Order 2000 made on 16 March 2000.
11th Pressure Systems Safety Regulations 2000

(S.I. 2000/128)

9(3): defectively drafted Amending instrument made on 9 April 2001 Amendment included in the Transportable Pressure Vessels Regulations 2001 (S.I. 2001/1426).
12th Road Transport (Passenger Vehicles Cabotage) Regulations 1999

(S.I. 1999/3413)

Regulations fail in one respect to implement Council Regulation Amending instrument made on 22 November 2000 Road Transport (Passenger Vehicles Cabotage) (Amendment) Regulations 2000 (S.I. 2000/3114).
20th Local Authorities (Capital Finance, Approved Investments and Contracts) (Amendment) Regulations 2000 (S.I. 2000/1033)* 2: requires elucidation No action necessary Elucidation provided.
22nd GLA Side Roads (London Borough of Bexley) Designation Order 2000

(S.I. 2000/1239)

Article 2 and title to Schedule: defectively drafted No action necessary The Committee accepted that the legal effect of the Order was not affected by the defective drafting and the Department does not therefore consider it necessary to make an amending instrument.
22nd Drinking Water (Undertakings) (England and Wales) Regulations 2000
(S.I. 2000/1297) §
Regulations make an unexpected use of the power in section 2 of the European Communities Act 1972 and inadequately implement the judgement of the European Court which they purport to enforce. No action necessary The Department disagrees with the Committee.
23rd
Merchant Shipping (Survey and Certification) (Amendment) Regulations 2000 (S.I. 2000/1334)

Merchant Shipping (Load Line) (Amendment) Regulations 2000

(S.I. 2000/1335)

(a) S.I.s 1334 and 1335: require elucidation

(b) 13(3) of S.I. 1334: defectively drafted

(a) No action necessary

(b) No action necessary

(a) Elucidation provided.

(b) For the reasons given in the Department's memorandum of 20 June 2000, the Department does not consider the defect material.

24th Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000
(S.I. 2000/1410)
24(5): defectively drafted Awaiting opportunity to amend [2000]

The Department hopes to make Regulations, which include amendments to deal with the drafting defects, by the end of July 2001 following a period of consultation. [2001]

A new regulation 24(5) was substituted by regulation 8 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous Regulations 2002 (S.I. 2002/769), made on 21 March 2002. [2002]
25th Town and Country Planning (London Spatial Development Strategy) Regulations 2000

(S.I. 2000/1491)*

8 and Form 2 in the Schedule: defectively drafted No action necessary The Department does not agree that the drafting is defective.
26th Air Navigation Order 2000 (S.I. 2000/1562) Article 20(3)(c)(i): defectively drafted Amending instrument made on 14 February 2001 Air Navigation (Amendment) Order 2001 (S.I. 2001/397).
27th Town and Country Planning (Inquiries Procedure) (England) Rules 2000 (S.I. 2000/1624)*

Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 (S.I. 2000/1625)*

Town and Country Planning (Hearings Procedure) (England) Rules 2000 (S.I. 2000/1626)*

Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 (S.I. 2000/1628)*

(a) S.I.s 1624, 1625, 1626 and 1628: failure to follow proper drafting practice

(b) 4(a) of S.I. 1628: defectively drafted

(c) Rule 6(6) of S.I.s 1624 and 1625: defectively drafted

(d) Rule 15(5) of S.I. 1624: defectively drafted

(a) No action necessary


(b) No action necessary

(c) No action necessary

(d) No action necessary

The Department accepts there are defects with these instruments, but does not agree with the Committee's conclusion that the defects are such as to require the issue of corrective amendments. It will, however, bear the Committee's views in mind for the future.
30th Water and Sewerage Undertakers (Inset Appointments) Regulations 2000 (S.I. 2000/1842) § 2(2): doubt as to vires No action necessary The Department believes the Regulations to be intra vires.
30th Dartford-Thurrock Crossing (Amendment) Regulations 2000 (S.I. 2000/2151) (a) 2: defectively drafted

(b) failure to comply with paragraph 2.77 of Statutory Instrument Practice

(c) Explanatory Note: unnecessarily referential

(a) No action necessary

(b) No action necessary


(c) No action necessary

(a) The Dartford-Thurrock Crossing Regulations 1998 (S.I. 1998/1908) are amended annually when charges for abnormal loads are increased in line with the Retail Prices Index. The point will be taken into account in future amending Regulations.

(b) The information has been provided in a memorandum to the Committee.

(c) The reference was superfluous.

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.
33rd Building (Approved Inspectors etc.) Regulations 2000
(S.I. 2000/2532)*
S.I. 2000/2532 requires elucidation No action necessary Elucidation provided.
33rd Railways (Safety Case) Regulations 2000

(S.I. 2000/2688)

(a) 5(7)(c): defectively drafted

(b) 17(1) and (3): defectively drafted

(a) Awaiting opportunity to amend

(b) No action necessary

(a) Amending Regulations are likely to be made in August or September 2001. [2000]

Amended by regulation 5 of the Railway Safety (Miscellaneous Amendments) Regulations 2001 (S.I. 2001/3291) made on 28 September 2001. [2001]

(b) The Department agrees not to include such words in future Regulations of this type.

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 (DoH)]

2nd Highways Noise Payments and Movable Homes (England) Regulations 2000

(S.I. 2000/2887)

3(2)(a): defectively drafted Amending instrument made on 18th November 2000 Highways Noise Payments and Movable Homes (England) (Amendment) Regulations 2000 (S.I. 2000/3086).
2nd Highways Noise Payments and Movable Homes (England) (Amendment) Regulations 2000 (S.I. 2000/3086) S.I. 2000/3086: failure to conform with proper statutory instrument practice No action necessary The failure was the omission of a headnote.
2nd Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000

(S.I. 2000/2990)

(a) 1(1): defectively drafted

(b) 2(2): unexpected use of enabling power

(a) No action necessary

(b) No action necessary

(a) The Department accepts that the Regulations should have made explicit that regulation 1 came into force on 1st December 2000, the earlier to the two commencement dates. However, both dates are now past.

(b) The Department considers that the provision in question constitutes a proper exercise of the power.

2001
2000-01
3rd Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 3(a): failure to conform to proper drafting practice;

9(6) and 16(1)(a): unexpected use of power

19: doubtful vires

Other: the Secretary of State no longer has the power to amend these Regulations The powers referred to in the preamble to the Regulations (other than the powers conferred by section 37) were transferred to Transport for London by virtue of section 254(1) and (3) of, and paragraphs 1 - 18 of Schedule 21 to, the Greater London Authority Act 1999 (c.29). The said powers were transferred to Transport for London on 22 January 2000 (the date on which the 2000 Regulations came into force); please see the Greater London Authority Act 1999 (Commencement No.8 and Consequential Provisions) Order 2000 (S.I. 2000/3145).
5th
Greater London Authority Act 1999 (Commencement No. 8 and Consequential Provisions) Order 2000 (S.I. 2000/3145) 2: defective drafting Amending instrument made on 5 November 2001 Amending instrument is the Greater London Authority Act 1999 (Commencement No. 10) Order 2001 (S.I. 2001/3603) (C.116).
5th Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000

(S.I. 2000/3272) *

1(1); 7(1); 13; 16; 18(2); 22(4)(b); 23: defective drafting Amending instrument issued. Made on 14th March 2002. Local Authorities (Executive Arrangements) (Access to Information) (England) Amendment Regulations 2002 (S.I. 2002/716).
5th
Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2000

(S.I. 2000/3197)

New regulation 61A(3): defective drafting Amending instruments made on 7 February 2001 and 20 September 2001 Amending instruments are the Road Vehicles (Construction and Use)(Amendment) Regulations 2001 (S.I. 2001/306), regulation 3 and the Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2001 (S.I. 2001/3208), regulation 10.
5th
Road Vehicles (Authorised Weight) (Amendment) Regulations 2000

(S.I. 2000/3224)

(a) 3(2): defective drafting

(b) 6(b): defective drafting

(c) 6: defective drafting

(a) - (c) Amending instrument made on 21 March 2001 Amending instrument is the Road Vehicles (Authorised Weight) (Amendment) Regulations 2001 (S.I. 2001/1125). The instrument was made available free of charge to purchasers of the preceding instrument.
7th
Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 (S.I. 2001/9) 6: defective drafting Awaiting opportunity to amend 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. [2001]

The Regulations were amended by paragraph 59 of the Schedule to the Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002 (SI 2002/2201) which came into force on 23 November 2002. [2002]

7th Authorisation of Works (Listed Buildings) (England) Order 2001 (S.I. 2001/24) * Preamble: failure to comply with statutory instrument practice No action necessary The ODPM considers that the failure to comply with statutory instrument practice does not affect the operation of the Order. [ODPM, 2002]
8th
Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 (S.I. 2001/152) (a) S.I. 2001/152: failure properly to implement the relevant Council Directive in two particular regards

(b) 8: defective drafting

(a) No action necessary

(b) No action necessary

(a) Amendment is not necessary: the dates in regulations 4 and 6 have passed. The timing requirements regarding regulation 5(1) and (2) are explained in a publicly available Marine Guidance Note (MGN 171(M)) issued by the Maritime and Coastguard Agency in February 2001, copies of which were sent to the marine administration of each country from which ferries run to the UK.

(b) The Department accepts that the reference to paragraph (3) is superfluous, but considers that the meaning is sufficiently clear. It notes the point for the future.

10th Air Traffic Services (Exemption) Order 2001 (
S.I. 2001/287)
Article 2: requires elucidation No action necessary Elucidation provided
16th
Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) Regulations 2001 (S.I. 2001/760) * S.I. 2001/760: failure to comply with proper legislative practice No action necessary No-one was misled. The date has now passed.

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]

10th Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2001

(S.I. 2001/3208)

New regulation 15(1E) and explanatory note: defective drafting Amending instrument made on 31 May 2002 Amending instrument is the Road Vehicles (Construction and Use) (Amendment) (No.2) Regulations 2002 (S.I. 2002/1474), regulation 5.
11th
Local Authorities (Goods and Services) (Public Bodies) (England) (No. 4) Order 2001 (S.I. 2001/3347) * S.I. 2001/3347: unjustified breach of the 21 day rule No action necessary This inadvertent error had no adverse consequences for the public bodies affected by the Order. The date of coming into force has passed.




 
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