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.
1999 (S.I. 1999/17)
2. The Committee draws the
special attention of both Houses to these Regulations on the ground
that they are defectively drafted.
3. Regulation 6(2) imposes
on the responsible officer a duty to supervise certain operations
and a duty to ensure that the crew is instructed in these operations.
The Committee asked the Department of the Environment, Transport
and the Regions whether regulation 8(3) makes both duties a criminal
offence or whether it only applies to the first duty (of supervision).
The Department say in the memorandum printed in the Appendix that
as currently drafted regulation 8(3) applies only to the duty
of supervision, but admit that it should also apply to the duty
of instruction. They say that they will correct the mistake at
the first convenient opportunity. The Committee reports regulation
8(3) for defective drafting, acknowledged by the Department.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back