Memorandum from the Department for Transport
(NO. 2) REGULATIONS
2002 (S.I. 2002/1474)
1. The Committee has asked the Department to submit
a Memorandum on the following point:
In a memorandum dated 9 November 2001, the Department
for Transport, Local Government and the Regions informed the Committee
that consolidation of the principal Regulations of 1986 was being
actively considered in the assessment of Departmental priorities.
In the light of that consideration when does the Department expect
to be able to make progress with the consolidation?
2. In response to the JCSI's concerns, we have been
reviewing the principal Regulations of 1986 (known as "the
Construction and Use Regulations") thoroughly, and taking
the opportunity to consider their function in relation to Type
Approval Regulations, to which they are closely linked. There
appears to be a considerable amount of duplication in the functions
of each of the sets of complex Regulations, particularly in relation
to Community obligations. Since contravention of the regulations
is a criminal offence, the Department is alive to the concerns
this raises. But mere consolidation does not, unfortunately, eliminate
all the difficulties.
3. The Department is attracted to the view that a
more durable long-term solution than a straight consolidation
may be a radical re-structuring and simplification of the regime.
It could align more closely with the Community's approach to vehicle
construction and use, and future amendments may be simpler and
4. We are currently scoping the project, including
timetabling and budgeting, as well as considering the legal issues
5. A consolidated version of the Regulations is available
commercially from Sweet and Maxwell and Butterworths.
28 June 2002