Joint Committee on Statutory Instruments First Special Report


Appendix 10a

Northern Ireland Office: instruments outstanding from 2001 and earlier

Total number of instruments outstanding:   from 1997:  4 (of which action on 2 remains outstanding)

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

            from 1999:  0

            from 2000:  7 (of which action on 7 remains outstanding)

            from 2001:  3 (of which action on 3 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Observation in earlier Return [year] Observations
1997
1997-98
16th Carriage of Explosives by Road Regulations (Northern Ireland) 1997 (S.R. 1997/474). Regs 3(3)(a), 11(1) and Schedule 9, para 6(a): defective drafting Regulations amending the 1997 Regulations were not made in 1999 as anticipated but are now being prepared. Subject to the outcome of consultation on the draft Regulations, the intention is to make the Regulations later this year. [1999]

Draft Carriage of Explosives by Road (Amendment) Regulations (Northern Ireland), which take account of the Joint Committee's comments, are out for public consultation. [2000]

The 1997 Regulations have been amended by the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001/390). [2001]
16th Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997 (S.R. 1997/475). Regs 1(1), 1(6), 4(1), 4(2), 5(1) and Schedule 3: defective drafting Regulations amending the 1997 Regulations were not made in 1999 as anticipated but are now being prepared. Subject to the outcome of consultation on the draft Regulations, the intention is to make the Regulations later this year. [1999]

Draft Carriage of Explosives by Road (Driver Training) (Amendment) Regulations (Northern Ireland), which take account of the Joint Committee's comments, are out for public consultation. [2000]

The 1997 Regulations have been amended by the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001/390). [2001]
17th Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997

(S.R. 1997/469)

Schedule 3, para 1(1), 7 and 8: defective drafting. Amending Regulations for Northern Ireland will follow as soon as practicable after the making of Regulations for England and Wales, currently planned for autumn 2000. [1999]

The Regulations for England and Wales, addressing the Joint Committee's concerns, have not yet been made. As soon as practicable after they have been made, Northern Ireland Regulations will be made. [2000]

Still awaiting England and Wales Regulations. [2002]
17th Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997
(S.R. 1997/470)
Schedule 3, paras 1(1), 7 and 8: defective drafting Amending Regulations for Northern Ireland will follow as soon as practicable after the making of Regulations for England and Wales, currently planned for autumn 2000. [1999]

The Regulations for England and Wales, addressing the Joint Committee's concerns, have not yet been made. As soon as practicable after they have been made, Northern Ireland Regulations will be made. [2000]

Still awaiting England and Wales Regulations. [2002]
1998
23rd Construction (Use of Explosives) Regulations (Northern Ireland) 1997 (S.R. 1997/555). Regulation 7(2) and (3): defective drafting (7(2)), and unnecessary cross-references (7(3)). It did not prove possible to bring forward amending regulations in 1999. Regulations are being prepared and will be made later in 2000. [1999] Regulations 7(2) and (3) were revoked by the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000 (S.I. 2000/1646). [2000]
1999 - NIL

2000
2000-01
1st Police and Criminal Evidence (Application to Police Ombudsman) Order (Northern Ireland) 2000 (S.R. 2000/314) (a) Article 3(1): defective drafting

(b) Article 3(2): defective drafting

(c) Schedule 2: defective drafting

Awaiting opportunity to amend The intention is to make an amending instrument this year. [2000]

Still awaiting opportunity to amend, which we hope to do this year. [2001]

Still awaiting opportunity to amend, which we hope to do this year. [2002]

2nd Police (Recruitment) (Northern Ireland) Regulations 2001

(S.R. 2001/140)

Regulation 4(1): Does not conform to proper drafting practice; regulation 9(2): Defective drafting Awaiting opportunity to amend In the next session or as soon thereafter as practicable. [2002]
3rd Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000 (S.R. 2000/316) Preamble, regulation 6(4), regulation 11(5), regulation 18(6): defective drafting

Regulation 21(2): requires elucidation

Partially amended by the Police Service of Northern Ireland (Conduct) Regulations 2003

(S.R. 2003/68). [2002]

3rd Royal Ulster Constabulary (Conduct) Regulations 2000 (S.R. 2000/315) Preamble, regulation 8(2), 8(3),10(1), 11(2)(a), 11(3), 12(1)(b), 31(1), 35(2), para 4 of Schedule 3 and para 34(b): Defective drafting

Regulation 8(2):

Doubtful vires

Partially amended by the Police Service of Northern Ireland (Conduct) Regulations 2003

(S.R. 2003/68). [2002]

3rd Royal Ulster Constabulary (Appeals) Regulations 2000 (S.R. 2000/317) Preamble, regulation 6 and 8(3)(d):defective drafting Partially amended by the Police Service of Northern Ireland (Conduct) Regulations 2003

(S.R. 2003/68). [2002]

3rd Royal Ulster Constabulary (Complaints) (Informal Resolution) Regulations 2000 (S.R. 2000/319) Defective drafting No action taken as yet. The Department intend to revisit all the "Conduct" Regulations in 2004 and make further amendments
3rd Royal Ulster Constabulary (Conduct) (Senior Officers) Regulations 2000
(S.R. 2000/320)
Preamble, regulation 4, 7(4),7(6), 9(2), 9(5) 12, 20(3)(b) and 25(2)for defective drafting Partially amended by the Police Service of Northern Ireland (Conduct) Regulations 2003

(S.R. 2003/68). [2002]

2001
2000-01
2nd Police (Recruitment) (Northern Ireland) Regulations 2001

(S.R. 2001/140)

Regulation 4(1): Does not conform to proper drafting practice; regulation 9(2): Defective drafting Awaiting opportunity to amend In the next session or as soon thereafter as practicable [2001, 2002]
5th RUC (Complaints etc.) Regulations 2001

(S.R. 2001/184)

Arrangement of regulations does not comply with proper practice; regulation 2(1) and (2): Defective drafting Awaiting opportunity to amend In the next session or as soon thereafter as practicable [2001, 2002]
11th Police Trainee Regulations (Northern Ireland) 2001 (S.R.2001/369) Regulation 10(5): Failure to comply with proper drafting practice; regulations 10(5), 10(8), 14(1), 14(4), 14(7) and 25(1)(b): Defective drafting Awaiting opportunity to amend In the next session or as soon thereafter as practicable [2001, 2002]


 
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