Joint Committee on Statutory Instruments Fourteenth Report


Memorandum by the Department of the Environment, Transport and the Regions


  By a letter from its Clerk dated 12 November 1997 the Committee asked for a memorandum on the following points:

    (1)   Given that these Regulations are made both under section 2(2) of the European Communities Act 1972 and other "domestic" powers, explain why (in accordance with paragraph 2.101A of Statutory Instruments Practice) the Explanatory Note does not identify the provisions not made under the 1972 Act and indicate what they are.

  Only regulations 10, 20 and 21 implement EC obligations, and then overlapping with provisions in the International Convention for Safety of Life at Sea 1974, and the International Convention for Prevention of Pollution from Ships 1973. Thus all regulations except 10, 20 and 21 are made under "domestic" powers, and 10, 20 and 21 are also to some extent made under "domestic powers". However regulations 20 and 21 go further than the international conventions and accordingly the 1972 Act was cited to ensure that there were full powers. The 1972 Act was also cited to provide that "Government ships" (see sub-paragraph (c) of definition of "United Kingdom Ship" in regulation 2(1)), are covered.

  It is regretted that the appropriate information was not put in the Explanatory Note.

    (2)   As regards powers, ought not section 85(1)(c) of the 1995 Act to have been recited as the basis for regulation 5(2)?

  Section 85(1)(c) was repealed by the Merchant Shipping and Maritime Security Act 1997, section 8, and its enabling powers are now subsumed in section 85(1)(b).

    (3)   In regulation 2(1), in the definition of "in bulk", is "directly and without intermediate form of containment" correct or should the bold word be "or"?

  The words are correct.

    (4)   Regulation 9 regulates the onus of proof in proceedings for an offence "under regulations 5 or 6". Ought not the reference to regulation 5 or 6 (5 creating no offence) to be a reference to regulation 6 (only).

  It is agreed the reference should be to regulation 6 only.

    (5)   In regulation 10(3) explain the words "No packaged goods shall be offered for carriage or taken on board any ship unless the master or operator has been provided with a document including without prejudice to regulation 11(2). Such details include the following details".

  The text should have been one sentence, requiring that the document contained the specified details. This error, and the previous one, are regretted, and will be corrected at the first convenient opportunity.

17th November 1997

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