| 5th
| Road Vehicles (Registration and Licensing) Regulations 2002 (S.I. 2002/2742)
| Regulation 24(5); defective drafting
| Amending instrument made 19th August 2003.
| Road Vehicles (Registration and Licensing) (Amendment)Regulations 2003 (S.I. 2003/2154)
|
| 7th
| Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002 (S.I. 2002/2977)
| Regulation 7(3); defective drafting
| Amending instrument made 6th February 2003.
| Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) (Amendment)Regulations 2003 (S.I. 2003/228)
|
| 16th
| Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 (S.I. 2003/37)
| (a)Unjustified breach of the 21 day rule.
(b) Regulation 2(1); defective drafting.
(c) Doubt as to whether a provision is intra vires.
| (a) The reasons for the breach of the 21 day rule have been explained in memoranda dated 13 January 2003 and 14 February 2003.
(b) Regulation 2(1) will be amended at the earliest opportunity.
(c) No action proposed as the Department is satisfied the vires are sufficiently robust.
| As to (b), the amendment to regulation 2(1) requires the revocation of an otiose definition.
As to (c), the Department has reached this view in relation to the effect of section 56 of the Finance Act 1973 in the light of the points made in its memoranda to the Committee on this instrument and in subsequent memoranda from other Government Departments on other instruments raising similar questions. As to the question of unlawful sub-delegation, the Department is of the view that the provision does not confer a power to legislate as mentioned in paragraph 1(1)(c) of Schedule 2 to the European Communities Act 1972, but rather an administrative discretion as to the charging of fees exercisable on a case by case basis.
|
| 21st
| Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113)
| Regulations 3(1)(e) and 21; defective drafting
| Amending instrument made 7th July 2003.
| Motor Vehicles (Tests) (Amendment) (No.2) Regulations (S.I. 2003/1698)
|
