Joint Committee on Statutory Instruments Twenty-Eighth Report

Appendix 3

S.I. 2003/1684: memorandum from the Department of Trade and Industry

Working Time (Amendment) Regulations 2003 (S.I. 2003/1684)

1. The Committee considered these Regulations at its meeting on 15th September and requested a memorandum on a point relating to regulation 18(1)(b) and (c), which exempts certain classes of worker from the Regulations. The Committee requested an explanation of the reason for the exemption and how such an exemption is compatible with Council Directive 93/104/EC, as amended by Council Directive 2000/34/EC.

2. Regulation 18(1)(b) and (c) provides that the Regulations do not apply to workers on board a sea-going fishing vessel nor to workers on board a ship or hovercraft employed by an undertaking which operates services for passengers or goods by inland waterway or lake transport.

3. The exclusions were included in the Regulations because it has been agreed between the Department of Trade and Industry and the Department for Transport that the latter Department would implement Council Directive 93/104/EC, as amended by Council Directive 2000/34/EC, in relation to those sectors. As the two sets of Regulations advanced at different rates, the Explanatory Note could not cross refer to the regulations being produced by the Department for Transport. The method of transposition was, however, fully described in the Transposition Note, which is described in the final paragraph of the Explanatory Note, as having been placed in the libraries of both Houses of Parliament.

19 September 2003

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