Joint Committee on Statutory Instruments Twenty-First Report


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


REGULATIONS 1997 (S.I. 1997/3022)

The Committee ask for a memorandum on the following point:

      Regulation 5(1), in providing for the suspension or cancellation of a document of compliance or safety management certificate on the grounds specified in subparagraphs (a) and (b), contains no provision-

      (a) requiring the notice to specify the ground on which the certificate was suspended or cancelled;

      (b) allowing the holder to make representations prior to the decision to suspend or cancel the document or certificate.

      Is it intended that these will in practice be done? If so, why was no express provision made?

In practice, unless there are compelling safety reasons, this is done. It is accepted that it would be better for express provision to be made in the Regulations. The Department much regrets that this was not done, especially in light of the Committee's comments in the 13th Report of 1996/97, and will endeavour to ensure that the provisions will be included in future cases.

26th January 1998

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