Memorandum by the Northern Ireland Office
1997 (S.R. 1997/474)
The Committee has requested a memorandum on the following
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
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
(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.