MERCHANT SHIPPING (RADIO INSTALLATIONS) REGULATIONS 1998 (S.I. 1998/2070)
The Committee draws the special attention of both Houses to these
Regulations on the grounds that they are defectively drafted in
four places and require elucidation in another place.
Regulation 21 defines "radio
for the purposes of Part III of the Regulations. The Committee
asked the Department of the Environment, Transport and the Regions
whether the expression is used anywhere else in that Part and,
if so, in what provision. In the memorandum printed in Appendix
VII the Department accept that the term "radio
is not used elsewhere in Part III and that it is therefore unnecessary.
The Committee reports regulation 21 for defective drafting, acknowledged
by the Department.
In response to questions by
the Committee the Department agree that the reference in regulation
39(2) to Schedule 5 ought to be to Schedule 6; and that the reference
in regulation 47(2) to Schedule 6 ought to be to Schedule 7. The
Committee reports both regulations for defective drafting, acknowledged
by the Department.
Regulation 45(6)(a) provides
that no certificate of competency shall be deemed to be valid
on any date if granted more than two years before that date and
holder's period, aggregate of periods"
of experience on that date is less than three months. The Committee
asked whether the aggregate of several periods is intended to
be an alternative to a single continuous period. The Department
say that the aggregate of periods is intended to be an alternative,
and that the word "or"
was omitted before the words "aggregate
The Committee reports regulation 45(6)(a) for defective drafting,
acknowledged by the Department.
The Department say that they
regret these errors and undertake to correct them at the first
Regulation 44(3)(a) provides
reserve source of energy [for radio installations] shall preferably
consist of batteries, provided that such batteries shall not be
fitted in the same space as the means for bringing the reserve
source of energy into immediate operation".
Breach of the requirements of the Regulations makes the ship liable
to detention (regulation 49(1)) and is an offence (regulation
50(2)). The Committee asked the Department whether regulation
44(3)(a) imposes a requirement for the purposes of regulation
49(1) and whether breach of the provision is an offence under
regulation 50(2). The Department say that the first part of regulation
reserve source of energy shall preferably consist of batteries")
does not impose a requirement. They explain that its purpose is
to make clear to ship owners and masters that the Secretary of
State considers it preferable that the reserve source of energy
consist of batteries. However, no requirement of the Regulations
is breached if the reserve source of energy does not consist of
batteries. It appears to the Committee that this first part of
regulation 44(3)(a) would not be construed by a court as imposing
any obligation and as carrying either of the sanctions mentioned.
The Department go on to explain that the second part of the regulation
does, however, impose a requirement under regulation 49(1) and
is a breach for the purposes of regulation 50(2). The Committee
reports regulation 44(3)(a) on the ground that it requires the
elucidation provided by the Department.
BRUCELLOSIS AND TUBERCULOSIS (SCOTLAND) COMPENSATION AMENDMENT ORDER 1998 (S.I. 1998/2181)
The Committee draws the special attention of both Houses to this
Order on the ground that the Department failed to notify the Lord
Chancellor and the Speaker of the House of Commons that the Order
came into force before it was laid before Parliament.
This Order was laid before
Parliament on 4 September 1998 and came into force on that day.
Section 4 of the Interpretation Act 1978 (as applied to subordinate
legislation) provides that an instrument comes into force at the
beginning of the day on which it is stated to come into force.
Accordingly the Order came into force immediately after midnight
at the start of 4 September, and therefore came into force before
it was laid before Parliament. Under the proviso to section 4(1)
of the Statutory Instruments Act 1946 the Lord Chancellor and
the Speaker of the House of Commons must be notified forthwith
in such a case. The Committee therefore asked the Scottish Office
whether a notification had been sent. They reply in a memorandum
printed in Appendix VIII that a notification was not sent, because
the officials concerned may not have known that a notification
must be sent when the instrument is laid on the same day that
it comes into force. The Committee reports the Order on the ground
that neither the Lord Chancellor nor the Speaker were notified
that it had come into force before it was laid.
1 The Orders of Reference of the Committee are set out in the First Report, Session 1997B98 (HL Paper 4; HC 33Bi). Back
2 See the 13th Report, Session 1997B98, paragraph 7 and the 5th Report, Session 1996-97, paragraph 9. Back