2 S.I.
2003/1113: defective drafting
Motor Vehicles (Tests) (Amendment) Regulations
2003 (S.I 2003/1113)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted.
2.2 These Regulations amend the Motor Vehicles (Tests)
Regulations 1981. Those Regulations, as amended, confer certain
functions on the proper officer of a designated council. Regulation
3(1)(e) of this instrument inserts a definition of "proper
officer" in relation to a designated council in England or
Wales, but not Scotland. In a memorandum printed at Appendix 1,
the Department for Transport states that the omission of a definition
in relation to a designated council in Scotland was inadvertent,
but is unlikely to cause any practical difficulty.
2.3 Regulation 25A of the 1981 Regulations, inserted
by regulation 21 of this instrument, provides for the circumstances
in which an authorised examiner or designated council is required
to pay the Secretary of State for the provision of apparatus to
replace that already provided by him. Paragraphs (4) and (5) require
certain apparatus to be provided free of charge where that to
be replaced is unserviceable by reason of fair wear and tear,
but not where it is defective. The Department says that the Secretary
of State would not seek to make a charge for the replacement of
apparatus that was faulty on delivery, and concedes that "fair
wear and tear" is not apt in relation to such apparatus.
2.4 The Department intends to include appropriate
amendments to rectify these defects in a further instrument to
be made this year. The Committee accordingly reports these
Regulations for defective drafting, acknowledged by the Department.
| 
