Joint Committee on Statutory Instruments Twenty-Ninth Report


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

QUARRIES REGULATIONS 1999 (S.I. 1999/2024)

  1. The Committee has requested a memorandum on the following points:

  (1) Regulation 2(1) defines "explosives" as meaning explosive articles or explosive substances as defined in the Classification and Labelling of Explosives Regulations 1983. Explain why this provision, instead of referring the reader to the definitions in the 1983 Regulations, does not set out those definitions.

  2. The Department accepts that for ease of reference it would be preferable to set out these definitions in the Regulations and will make the necessary amendments when a suitable opportunity arises. In the meantime, the text of the definitions is set out in the Approved Code of Practice issued by the Health and Safety Commission for the purpose of providing practical guidance with respect to the requirements of the Quarries Regulations.

  (2) Regulation 33(1)(c) requires a geotechnical assessment to include, where appropriate, the conclusion of the geotechnical specialist as to whether any remedial work is required and the date by which such work should be completed. On the other hand, regulation 33(4) requires the operator to ensure that any remedial works identified in accordance with paragraph (1)(c) are undertaken by the date specified. Explain which date is intended in both provisions or, if intended to be different, explain the reason for the difference.

  3. No difference in meaning is intended. The use of the past participle of 'undertake' at regulation 33(4) was intended to denote that the operator should ensure that any remedial works identified should be completed by the date specified. The Department accepts that it would be more consistent to use the word 'completed' in both provisions and will make the necessary amendment when a suitable opportunity arises.

  (3) Ought not the reference, in regulation 45(4), to paragraph (2) to have been a reference to paragraph (3)?

  4. The Department regrets this error. Since the only reference to a plan is in paragraph (3), the mistake should not give rise to confusion and the Department will make the necessary correction when a suitable opportunity arises.

22nd October 1999

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