Joint Committee on Statutory Instruments

Joint Committee on Statutory Instruments First Special Report

Department for Work and Pensions Appendix 7A: instruments outstanding from 2002 and earlier

Total number of instruments outstanding: from 1999: 2 (of which action on 1 remained outstanding on 1 May 2004)

from 2000: 1 (of which action on 1 remained outstanding on 1 May 2004)

from 2001: 4 (of which action on 2 remained outstanding on 1 May 2004)

from 2002: 1 (of which action on 0 remained outstanding on 1 May 2004)

JCSI Report Instrument title Ground for reporting Observation in earlier Return [year] Observations

1999

1999-2000

2nd Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
(S.I. 1999/2892)
Regulations 4 & 12(6): defective drafting Regulations will be amended in a convenient instrument probably later in 2000. [1999]
Policy issues need to be resolved before a timetable for new regulations can be finalised. [2000]
HSE expects that amending Regulations will be made by summer 2003 [2001].
HSE is awaiting a suitable vehicle for these amendments. Regulations amending other provisions of the Nuclear Reactors (EIAD) Regulations were expected to be made in summer 2003; however, these were not proceeded with. [2002]
Work on the regulations amending these and other provisions of the Nuclear Reactors (EIAD) Regulations is now expected to start in Autumn 2004. [HSE]

7th Management of Health and Safety at Work Regulations 1999 (S.I. 1999/3242) Regulation 19(4): defective drafting The 1999 Regulations are to be amended (for other reasons) and the error will be remedied at that stage. The amending regulations are likely to be made by the end of December 2001 [2000]
HSE expects an amending instrument to be made in Autumn 2002. [2001]
The amending Regulations are expected to be signed in July 2003.[2002]
Amendments made by regulation 5 of the Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 (S.I. 2003/2457) made on 24th September 2003. [HSE]

2000

2000-01

1st Genetically Modified Organisms (Contained Use) Regulations 2000 (S.I. 2000/2831) (a) Regulation 13(1)(b): defectively drafted
(b) Regulation 15(2)(g): defectively drafted
(c) Regulation 15(5): defectively drafted
(d) Regulation 29(8)(b)(ii): defectively drafted
(e) Regulation 30: defectively drafted;
(f) paragraphs 1(b), 2(b) and 3(b) of Schedule 6: elucidation required
(g) paragraph 9(4) of Schedule 11: unexpected use of enabling powers
(h) paragraph 9(6) of Schedule 11: failure to conform to proper drafting practice
(a) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]
(b) In the Department's view regulation 15(2), although it could be drafted in a different way, conveys the intended meaning.[2000]
(c) It is anticipated that amending regulations will be made by the end of October 2001. [2000]
(d) Whether or how this provision should be amended depends on the amendments made to regulation 13(1) (see point (a) above). If it is decided that this provision should be amended then this will be included in the amending Regulations, which it is anticipated will be made by the end of October 2001. [2000]
(e) It is anticipated that amending regulations will be made by the end of October 2001. [2000]
(f) Elucidation provided [2000]
(g) and (h) It is anticipated that amending Regulations will be made by the end of October 2001. [2000]
(a), (c), (e), (g), (h): HSE expects that amending Regulations will be made in spring 2003. [2001]
There has been a delay in drafting the Regulations which will amend other provisions of the GMO(CU) Regulations 2000. The Regulations are expected to be made by Spring 2004. [2002]
(a), (c), (d), (e), (g) and (h): amending regulations have been further delayed and are now expected to be made by Summer 2005. [HSE]

2001

2000-01

16th
Stakeholder Pension Schemes (Amendment) (No. 2) Regulations 2001. (S.I. 2001/934) Regulation 7(7)(a): Defective drafting;
Regulation 7(8): Defective drafting;
Regulation 7(9) and (10): Defective drafting
The Department offered an explanation for the drafting in its memorandum but has now accepted the JCSI's comments. Further amending regulations are in preparation which will rectify the errors identified. [2002] Work on the amending regulations was deferred pending work on the Pensions Bill, but it is expected that the amending regulations will be made later this year.

2001-02

3rd Biocidal Products Regulations 2001
(S.I. 2001/880)
(a) Regulation 8(5): defective drafting

(b) Regulation 25(6): defective drafting
HSE is still considering whether, and if so how, it can meet the Committee's concerns whilst fully implementing the relevant part of the Biocidal Products Directive (98/8) and enabling the implemented requirements to be enforced. It is unlikely that any amending instrument would be made before end of March 2003. [2001]
HSE has still not determined whether, and if so how, it can meet the Committee's concerns whilst fully implementing the relevant part of the Directive. [2002]
HSE has still not determined whether, and if so how, it can meet the Committee's concerns whilst fully implementing the relevant part of the Directive. [HSE]

9th Social Security (Jobcentre Plus Interviews) Regulations 2001 (S.I. 2001/3210) The Regulations: Defective drafting Amending regulations are being prepared [2002] The relevant provisions of S.I. 2001/3210 were revoked and replaced by the Social Security (Jobcentre Plus Interviews) Regulations 2002 (S.I. 2002/1703) which were made on 3rd July 2002 and which took on board the criticisms made by the Committee in relation to the previous instrument.

10th Children (Leaving Care) Social Security Benefits Regulations 2001
(S.I. 2001/3074)
Regulation 1(2): Defective drafting Awaiting opportunity to amend [01.07.02] The Department does not intend to amend regulation 1(2) but has noted the Committee's comments in relation to the use of the phrase "unless the context otherwise requires" for future instruments.

2002

2002-03

5th Dangerous Substances and Explosive Atmospheres Regulations 2002
(S.I. 2002/2776)
Schedule 5: Defective drafting Amending instrument is expected to be made in autumn 2003. [2002] Amendments made by paragraph 15 of Schedule 13 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568) made on 1st April 2004. [HSE]



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