1. The Committee has considered the instruments
set out in the Annex to this Report and has determined that the
special attention of both Houses does not require to be drawn
to any of them.
2. A memorandum by the Department of Trade and
Industry in connection with the Electrical Equipment for Explosive
Atmospheres (Certification) (Amendment) (No. 2) Regulations 1998
(S.I. 1998/1469) is printed in Appendix I to this Report.
1998 (S.I. 1998/1445)
3. The Committee draws the special attention
of both Houses to this Order on the ground that its recital of
powers is defectively drafted.
Paragraph 1(5) of Schedule 6 to the Channel
Tunnel Rail Link Act 1996 requires the Secretary of State, before
making an order under paragraph 1(4), to consult the nominated
undertaker and, unless the authority concerned has requested him
to make the order, the authority. The recital of the power to
make this Order makes no mention of the satisfaction of this pre-condition.
The Committee asked the Department of the Environment, Transport
and the Regions whether the required consultations had taken place
and, if so, why this was not mentioned in the recital of powers.
The Department explain in the memorandum printed in Appendix II
that the Order was made at the request of the authority concerned
and that the nominated undertaker was consulted before the Order
was made. They state that they regret the omission from the recital
of powers. The Committee reports the recital of powers for defective
drafting, acknowledged by the Department.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 1997-98 (HL Paper 4; HC 33-i). Back