Joint Committee on Statutory Instruments Ninth Report


Memorandum by the Department of Environment, Transport and the Regions


  1. At its meeting on 8 July the Committee instructed that the Department be requested to submit a Memorandum on the following points:

  Explain, as required by paragraphs 2.101(a) and 2.101A of the Statutory Instruments Practice -

    (a)   what Community obligations are given effect by the instrument, and by what provisions of it; and

    (b)   what provisions of the instrument are made under the cited powers in the 1988 Act.

  and why this information was not included in the Explanatory Note.

  2. The subject matter of the Instrument is closely linked to the provisions of Council Directive 70/156/EEC, as amended by Council Directive 92/53/EEC, on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers. However, the cited provisions of the Road Traffic Act 1988 give the Secretary of State sufficient powers to make the Instrument. The powers given by section 2(2) of the European Committees Act 1972 were cited from an abundance of caution and, on reflection, it is recognised that their citation is superfluous.

  3. The answers to the Committee's questions are accordingly -

    (a)   none;

    (b)   all of them.

  4. The Department regrets the omission from the Explanatory Note, which would not in fact have been necessary had the powers been correctly stated, and will endeavour to ensure that in future the appropriate information is included in the Explanatory Note when it is required.

22nd July 1997

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