Joint Committee on Statutory Instruments Twenty-First Report

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.

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2003
Prepared 13 June 2003