Memorandum by the Northern Ireland Office
1997 (S.R. 1997/475)
The Committee has requested a memorandum on the following
1. The definition of "the Council Directive"
in regulation 1(1) includes a provision that "any reference
in these Regulations to anything done under the Directive shall
have effect notwithstanding any subsequent revocation of the Directive".
Identify the regulations which refer to things done under the
Directive and explain what the effect of this provision is on
2. Regulation 1(6) begins with a saving for the generality
of "regulation 2(4)". Ought this not to refer to paragraph
(4) of regulation 1 itself?
3. Regulation 4(1) is made subject to "paragraphs
(2) and (9) " of regulation 5 (in which there is no paragraph
(9)). Identify the provision intended to be referred to.
4. Regulation 4(2) requires a vocational training certificate
to be appropriate to the carriage of explosives in packages "in
the case of the carriage of explosives referred to in regulation
2(1)". Given that regulation 2(1) defines the scope of application
of the Regulations, explain the purpose and effect of the quoted
5. Regulation 4(5) and Schedule 3 requires training to
cover "at least [the] subjects specified in Schedule 3".
Explain, in sub-paragraph (d) of that Schedule, what coverage
is meant by "etc".
6. In relation to existing training certificates, regulation
5(1) provides an alternative means of compliance with regulation
4(1). Explain -
(a) given that compliance by this means ceased
not later than 1 July 1997 (sub-paragraphs (a) and (b)) and the
Regulations do not come into force until 1 December 1997, the
purpose and effect of the provision; and
(b) how persons affected will ascertain that the
Commission has given the requisite confirmation that the certificates
concerned have been issued under national provisions which "satisfy
the corresponding provisions of the Council Directive".
The Department's response is as follows, by reference to
the sub-paragraph numbers in the Committee's request:
1. The regulations which refer to things done under the Directive
are Regulations 4(8) and 5(1). The effect of these provisions
is to recognise qualifications obtained in other member states.
2. The reference should be to Regulation 2(2).
3. Regulation 4(1) refers to paragraph (2) and (9) and Regulation
5. However, it should read "subject to paragraph 2 and regulation
The Department accepts that these words are superfluous.
5. These words are taken from the Council Directive and relate
to the type of things which training will cover regarding dealing
6. (a) compliance should cease by this mechanism by 1
December 1997 not 1 July 1997;
(b) Confirmation would have to be with the Department
who would confirm with the Commission regarding the requisite
With regard to points (2), (4) and (6)(a) the Department
will be bringing forward new regulations and will address the
Committee's points in those regulations.
2nd December 1997