Joint Committee on Statutory Instruments First Special Report


Department for Transport Appendix 6A: instruments outstanding from 2002 and earlier

Total number of instruments outstanding:  from 1998:  1 (of which action on 0 remained outstanding on 1 May 2004)

            from 1999:  1 (of which action on 0 remained outstanding on 1 May 2004)

            from 2000:  NIL

            from 2001:  NIL

            from 2002:  4 (of which action on 2 remained outstanding on 1 May 2004)
JCSI Report Instrument title Ground for reporting Observation in earlier Return [year] Observations
1998
1997-98
35th Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056) Paragraph 4c of the Schedule; defective drafting. No suitable opportunity for amendment has arisen. The Department will now aim to bring forward these amendments within the next 12 months or a soon as reasonably practicable thereafter. [1999] Amended by Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2001 (S.I. 2001/1639), dated 30 April 2001
1999
1998-99
12th Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (S.I. 1999/257) Regulations 7(8)(b) and (9); 10(1) and (2): unexpected exercise of power HSE anticipates that the Regulations revoking and replacing the reported Regulations will be made in Spring 2004. The making of the new Regulations, which are a major consolidation, has taken longer than anticipated but the Regulations are now out to public consultation. [2003] Revoked by Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568), dated 1 April 2004
2000 - NIL
2001 - NIL

2002
2001-02
39th Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689) (a) Regulation 13; defective drafting.

(b) Regulation18(2); defective drafting

(a): Amendment is planned as part of the implementation of a proposed European Directive which is expected to be adopted during winter 2003/4 amending Council Directive 1992/32/EEC. The amending instrument is expected to be made by the end of 2004.

(b): Regulation 18(2) amends provisions which will be revoked and replaced in Spring 2004.[2003]

[None offered]
2002-03
1st Merchant Shipping (Medical Examination) Regulations 2002 (S.I. 2002/2055) Regulation 2(1); defective drafting. The Department proposes to amend the Regulations at the earliest opportunity [2003] [None offered]
1st Packaging, Labelling and Carriage of Radioactive Materials by Rail Regulations 2002 (S.I. 2002/2099) Regulation 27; defective drafting The Regulations will be revoked and replaced by Regulations which HSE anticipate will be made in March 2004; the revoking Regulations are currently out to public consultation [2003] Revoked by Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568), dated 1 April 2004
3rd Motor Cars (Driving Instruction) (Amendment) Regulations 2002 (S.I. 2002/2640) Regulation 3(4); defective drafting Amending Regulations issued 24.11.2003 Amended by the Motor Cars (Driving Instruction) (Amendment) Regulations 2003 (S.I. 2003/3027)


 
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