Joint Committee on Statutory Instruments Thirtieth Report


Memorandum from the Department of Trade and Industry


  1. The Joint Committee has requested a memorandum on the following points:
  2. "(1) Regulation 16(2) consists of a single sentence of 9 lines comprising an exception, a power and a prohibition (which is subject to a further exception). Explain the effect of that provision, and why the material in it was not split up (for example, by placing the initial exception in a separate paragraph and by the use of sub-paragraphs) to assist the reader.

    (2) Regulation 20(1) provides that, where the commission of an offence by any person under regulation 17 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and will be proceeded against and punished whether or not proceedings are taken against the first-mentioned person. Should not the [underlined] word have read either 'may' or 'shall be liable to'?"

    Point 1

  3. Regulation 16(2) provides that where an enforcement authority reasonably suspects that the CE marking has been affixed to Personal Protective Equipment (PPE) in breach of the Regulations it may serve a notice, in accordance with Regulation 16(4), on that person. Save for the purposes of Regulation 16(3), once a notice has been given no other enforcement action pursuant to Schedule 10 may normally then be taken, or proceedings brought pursuant to Regulation 17 until the responsible person in question has failed to comply with the notice. However, the opening words of Regulation 16(2) are intended to provide that, as an exception, such enforcement action may be taken without such a notice when in the opinion of the enforcement authority PPE used in accordance with its intended purpose may endanger the safety of persons and, where appropriate, domestic animals or property.
  4. The Department felt when drafting the provision, that its meaning was sufficiently comprehensible, but with hindsight acknowledges that it could have done more to make the provision more transparent.
  5. The Department will amend the provision when a suitable opportunity arises.
  6. Point 2

  7. The Department acknowledges that in Regulation 20(1) the word "will" should have read "may" and will amend the provision at the next available opportunity.
  8. The Department regrets that this error has occurred.

13 May 2002


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