Joint Committee on Statutory Instruments Sixteenth Report


Memorandum by the Northern Ireland Office


  The Committee has requested a memorandum on the following points:

  1. The definition of "the Council Directive" in regulation 1(1) includes a provision that "any reference in these Regulations to anything done under the Directive shall have effect notwithstanding any subsequent revocation of the Directive". Identify the regulations which refer to things done under the Directive and explain what the effect of this provision is on each regulation.

  2. Regulation 1(6) begins with a saving for the generality of "regulation 2(4)". Ought this not to refer to paragraph (4) of regulation 1 itself?

  3. Regulation 4(1) is made subject to "paragraphs (2) and (9) " of regulation 5 (in which there is no paragraph (9)). Identify the provision intended to be referred to.

  4. Regulation 4(2) requires a vocational training certificate to be appropriate to the carriage of explosives in packages "in the case of the carriage of explosives referred to in regulation 2(1)". Given that regulation 2(1) defines the scope of application of the Regulations, explain the purpose and effect of the quoted words.

  5. Regulation 4(5) and Schedule 3 requires training to cover "at least [the] subjects specified in Schedule 3". Explain, in sub-paragraph (d) of that Schedule, what coverage is meant by "etc".

  6. In relation to existing training certificates, regulation 5(1) provides an alternative means of compliance with regulation 4(1). Explain -

      (a)   given that compliance by this means ceased not later than 1 July 1997 (sub-paragraphs (a) and (b)) and the Regulations do not come into force until 1 December 1997, the purpose and effect of the provision; and

      (b)   how persons affected will ascertain that the Commission has given the requisite confirmation that the certificates concerned have been issued under national provisions which "satisfy the corresponding provisions of the Council Directive".

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

  1. The regulations which refer to things done under the Directive are Regulations 4(8) and 5(1). The effect of these provisions is to recognise qualifications obtained in other member states.

  2. The reference should be to Regulation 2(2).

  3. Regulation 4(1) refers to paragraph (2) and (9) and Regulation 5. However, it should read "subject to paragraph 2 and regulation 5".

  The Department accepts that these words are superfluous.

  5. These words are taken from the Council Directive and relate to the type of things which training will cover regarding dealing with accidents.

      6. (a) compliance should cease by this mechanism by 1 December 1997 not 1 July 1997;

      (b)   Confirmation would have to be with the Department who would confirm with the Commission regarding the requisite confirmation.

  With regard to points (2), (4) and (6)(a) the Department will be bringing forward new regulations and will address the Committee's points in those regulations.

2nd December 1997

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