Joint Committee on Statutory Instruments Sixteenth Report


Memorandum by the Northern Ireland Office


  The Committee has requested a memorandum on the following points:

  1. Regulation 3(3)(a) disapplies certain regulations in relation to vehicles exempt from excise duty under "section 7(1)" of the Vehicle/Excise and Registration Act 1994. Ought not this reference to be to section 5(1) of that Act?

  2. Regulation 11(1) states that the Secretary of State "shall approve the document entitled "Approved Requirements for the Construction of Vehicles Intended for the Carriage of Explosives by Road", which is published by the Health and Safety Commission. It shall contain [certain requirements and explanatory notes]". Explain -

      (a)   whether this document existed when these Regulations came into force;

      (b)   whether the opening words are meant to express the Secretary of State's approval of the document with that title or what other purpose and effect they have;

      (c)   what is the purpose and effect of the words "It shall contain".

  3. In the amendment to Schedule 2 to the 1991 Regulations made by paragraph (6(a) of Schedule 9, explain what articles are comprised in the words "Some articles".

  The Department's response is as follows, by reference to the sub-paragraph numbers in the Committee's request.

  1. The Department accepts that the reference should be to Section 5(1) of the Vehicle Excise and Registration Act 1994.

      2. (a) The document did exist when the Regulations came into force.

      (b)   The opening words are meant to express the Secretary of State's approval of the document with that title.

      (c)   These words conflict with the Words "shall approve the document" referred to in (a). The Department considers that it should have referred to the approval of "a document" and that would have removed the inconsistency.

  3. "Some articles" relates to all articles classified in Compatibility Group B which do not contain primary explosives, the "such as" only giving examples of what might fall into Compatibility Group B.

  In relation to points (1) and (2) the Department will be bringing forward new regulations and will address the points raised by the committee in those regulations.

December 1997

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