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Joint Committee on Statutory Instruments Second Special Report


Table 6B —  Department for Environment, Food and Rural Affairs: instruments reported, 2007

Total number of instruments reported: 9 (of which action on 4 remained outstanding on 1 April 2008)

Normal print = no further action required. Bold print = action not completed by 1 April 2008. Bold Italic print = the Department and the Committee disagree over whether further action is required.
JCSI Report Instrument title Ground for reporting Response and date of action Observations
2007
2006-07
13th Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2007 (S.I. 2007/402) (a) defective drafting

(b) Regs 2(4) and Schedule 7A: defective drafting

The Department will review the need to amend these Regulations to reflect the JCSI's comments when they next fall to be amended.
15thCattle Identification Regulations 2007 (S.I. 2007/529) Defective drafting
Correcting free instrument made (S.I. 2007/1046).
18th Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 (S.I. 2007/1067)[21] (a) Reg 21(2): defective drafting

(b) Reg 21: unexpectedly limited use of enabling power

The Department will be preparing an amending instrument shortly.
23rd Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007 (S.I. 2007/1621) Reg 12: defective drafting The Department anticipates that appropriate amending regulations due to be made this year may be used to correct this error.
27thPlant Protection Products (Amendment) (No.2) Regulations 2007 (S.I. 2007/1941) Defective drafting
Omission corrected in S.I. 2007/2466.
28th Heather and Grass etc. Burning (England) Regulations 2007 (S.I. 2007/2003) Unexpectedly limited use of enabling power The Department has noted the Committee's comments. It intends to amend regulation 7 to refer to the consideration of any representations made, when a suitable opportunity and resources permit.
2007-08
1stLarge Combustion Plants (National Emission Reduction Plan) Regulations 2007 (S.I. 2007/2325) Reg 5(7): defective drafting The necessary amendment was made by regulation 4 of the Waste and Air Pollution (Miscellaneous Amendments) Regulations 2007 (SI 2007/3476)
2ndWater Supply (Water Quality) Regulations 2000 (Amendment) Regulations 2007 (S.I. 2007/2734) Preamble: defective drafting The Department acknowledged that the preamble should have been differently drafted, and the Committee accepted the Department's view that the validity of the Regulations was not affected. Since the view that the preamble cannot be amended has wide acceptance (including from the Committee), the Department will be unable to take any further action until these Regulations are either repealed by later amendment or the Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184) are consolidated. Given that substantial work was done in 2007 on this legislation, there are no settled plans for further work at the moment.
4thPlant Health (England) (Amendment) (No. 3) Order 2007 (S.I. 2007/3133) Failure to comply with Statutory Instrument Practice No further action required.



21   Responsibility transferred from the Department for Communities and Local Government Back


 
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