Joint Committee on Statutory Instruments First Special Report


Appendix 10b

Northern Ireland Office: instruments reported, 2000-02

Total number of instruments reported:   2000:  8 (of which action on 6 remains outstanding)

            2001:  10 (of which action on 3 remains outstanding)

            2002:  1 (of which action on 1 remains outstanding)
JCSI Report Instrument title Regulation No. and ground for reporting Type and date of response Observations
2000
1999-2000
16th Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order 2000

(S.I. 2000/655)

Regulation 2: defectively drafted Other: instrument revoked The Regulations were revoked by the Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order 2001 (S.I. 2001/852), regulation 3.
24th Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000 (S.R. 2000/171) (a) Regulation 5(1) to 7(10) and Regulation 7(7): defectively drafted.

(b) Paragraph 1(b) of Schedule 1: defectively drafted

Awaiting opportunity to amend The Joint Committee's comments have been addressed in the draft Transport of Explosives (Safety Advisers) (Amendment) Regulations (Northern Ireland), which are currently out for public consultation. [2000]

The 2000 Regulations have been amended by the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001/390). [2001]

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]

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)
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)
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)

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)
2001
2000-01
7th Northern Ireland Policing Board (Prescribed Period) Regulations 2000 (S.I. 2000/386) Regulation 2(2): Doubtful vires and defective drafting Other: instrument revoked 31.1.01 The Regulations were revoked by the Northern Ireland Policing Board (Prescribed Period) Regulations in 2001 (S.I. 2001/35)
15th Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order 1998 (S.I. 2001/851) Failure to comply with proper procedures and failure to conform to proper drafting practice No action necessary Procedural default noted
15th Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order 2001 (S.I. 2001/852) Failure to comply with proper procedures and defective drafting Other: instrument revoked 26/5/01 The Order was revoked by the Public Processions (Northern Ireland) Act 1998 (Accounts and Audit) Order (No. 2) 2001 (S.I. 2001/999)
2001-02
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]
8th Jobseekers' Allowance (Members of the Forces) (Joint Claims: Consequential Amendments) Regulations (Northern Ireland) 2001 (S.I. 2001/998) Procedural default No action necessary Procedural default noted
9th Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) (Amendment) Regulations 2001 (S.R. 2001/90) Procedural irregularities No action necessary Procedural default noted
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]
12th Carriage of Explosives by Rail Regulations (Northern Ireland) 2001 (S.R. 2001/387) Regulation 22(1): Defective drafting No action necessary Words in question are unnecessary rather than misleading
13th Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001

(S.R. 2001/390)

Procedural default No action necessary Procedural default noted
2002
2001-02
28th Police Service of Northern Ireland Pensions Regulations 2002 (S.R. 2002/100) The principal regulations of 1988 have been amended ten times. The Committee wished to know if consolidation was planned. Awaiting opportunity to consolidate
31st Explosives (Fireworks) Regulations (Northern Ireland) 2002 (S.R. 2002/147) Regulation 4(2), 8(3) and Schedule 3: defective drafting Awaiting opportunity to amend


 
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