Joint Committee on Statutory Instruments Fifth Report



FIFTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.

1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS 2002 (S.I. 2002/2742)

2. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

3. Regulations 20 to 25 require information to be given to the Secretary of State when a vehicle is transferred to a new keeper. Regulation 24 applies where the vehicle registration document was issued in Great Britain on or after 24 March 1997 and the new keeper is a vehicle trader. Regulation 24(5) requires the vehicle trader, when he subsequently transfers the vehicle to another person, to deliver to the Secretary of State certain documents including a declaration signed by the registered keeper that the information supplied is correct. As, elsewhere in regulation 24, the "vehicle trader" is identified as such and not as the registered keeper, it appeared to the Committee that the effect of this provision might be to require another person to make the declaration.

4. In a memorandum printed at Appendix 1, the Department for Transport explains that the declaration should be given by the vehicle trader, who would not necessarily be the registered keeper, and undertakes to amend the Regulations at the earliest opportunity so as to make the intention clear. The Committee accordingly reports regulation 24(5) for defective drafting, acknowledged by the Department.

DANGEROUS SUBSTANCES AND EXPLOSIVE ATMOSPHERES REGULATIONS 2002 (S.I. 2002/2776)

5. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

6. Regulation 10 imposes obligations on the employer where containers and pipes used at work for dangerous substances are not marked in accordance with the relevant requirements of the legislation listed in Schedule 5. That list includes the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996, which were revoked and replaced earlier this year by the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002.

7. In a second memorandum printed at Appendix 2, the Department for Work and Pensions accepts that the 1996 Regulations were referred to in error, and that Schedule 5 should have referred instead to the 2002 Regulations. The Department undertakes to amend the Regulations at the earliest suitable opportunity. The Committee accordingly reports Schedule 5 for defective drafting, acknowledged by the Department.



 
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