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.
1997 (S.I. 1997/2789)
2. The Committee draws the
special attention of both Houses to this Order on the ground that
it is defectively drafted.
Council Directive 90/47/EC
requires registered horses to be accompanied by an identification
document prescribed by the European Commission. Commission Decision
93/623/EEC prescribes the form of this document, and provides
that the passport may accompany horses born before 1st
January 1998 and must accompany horses born on or after
1st January 1998. Article 9 of this Order provides that "the
keeper of a horse in respect of which a horse passport has been
issued shall ensure that the horse is accompanied by its horse
passport" in the circumstances specified. The Committee
asked the Ministry of Agriculture, Fisheries and Food whether
article 9 is intended to apply to horses born before 1st January
1998 in respect of which passports have been obtained voluntarily.
The Department reply in their memorandum (Appendix I) that the
article is not intended to apply to horses born before 1st January
1998, and state that they will take steps to amend the provision.
The Committee reports article 9 of the Order for defective drafting,
acknowledged by the Department.
REGULATIONS 1998 (S.I. 1998/81)
3. The Committee draws the
special attention of both Houses to these Regulations on the ground
that they are defectively drafted.
These Regulations amend
the Electrical Equipment for Explosive Atmospheres (Certification)
Regulations 1990 (S.I. 1990/13). Paragraph (4) of new regulation
12A (inserted by regulation 2(4)) provides that a certification
body may not issue a certificate of conformity under either paragraph
(2) or (3) after 30th September 1998. Paragraph (5) provides
that certificates of conformity issued before 30th September
1998 are to be regarded as in force for the purposes of regulation
11 (use of the Community mark) up to and including 30th June 2003.
The Committee asked the Department of Trade and Industry why
certificates of conformity issued on 30th September 1998
are excluded from the scope of the Regulations, and whether, in
paragraph (5), "before 30th September 1998" ought to
have read "before 1st October 1998". In their memorandum
(Appendix II) the Department acknowledge that the words "before
30th September 1998" in paragraph (5) should have read "before
1st October 1998", and undertake to make an appropriate amendment.
The Committee reports new regulation 12A(5), inserted by regulation
2(4), for defective drafting, acknowledged by the Department.
1997 (S.R. 1997/545)
1997 (S.R. 1997/555)
4. The Committee draws the
special attention of both Houses to these instruments on the grounds
that there was unjustifiable delay in laying them, and that one
instrument (S.R. 1997/555) is defectively drafted and contains
unnecessarily referential legislation.
S.R. 1997/545 was made on
19th December 1997 but was not laid before Parliament until 21st
January 1998. S.R. 1997/555 was made on 19th December 1997 but
was not laid until 22nd January 1998. The Committee asked the
Northern Ireland Office to explain these delays. The Department
do not in their memorandum (Appendix III) give a satisfactory
explanation, and the Committee therefore reports both instruments
on the ground that there was unjustifiable delay in laying them
Regulation 7(2) of S.R.
1997/555 provides that the Regulations are not to apply to vessels
which are registered outside the United Kingdom and are on passage
through territorial waters. The Committee asked the Department
to explain the need for this provision, given that paragraph (1)
provides that the Regulations are to apply within territorial
waters to certain activities in relation to any building or other
structure not being a vessel. The Department accept that
paragraph (2) is superfluous and state that they will revoke it
at the next suitable opportunity. The Committee reports regulation
7(2) of S.R. 1997/555 for defective drafting, acknowledged by
The Committee asked the
Department why regulation 7(3) of S.R. 1997/555, instead of referring
the reader to the concise definitions of "territorial waters"
and "vessel" in regulation 2(1) of the Offshore Installations
and Pipeline Works (Management and Administration) Regulations
(Northern Ireland) 1995, did not set out the definitions themselves.
The Department accept that it would be more convenient for the
reader to have the definitions set out in the 1997 Regulations,
and undertake to amend them at the next suitable opportunity.
The Committee reports regulation 7(3) of S.R. 1997/555 on the
ground that it is drafted in an unnecessarily referential manner.
The Orders of Reference of the Committee are set out in the First
Report, Session 1997-98 (HL Paper 4; HC 33-i). Back