Total number of instruments outstanding from: 2003:
1 (of which action on 0 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
| Observation(s) in earlier Return(s) [year]
| Observations
|
| 2003
|
| 2002-03 |
| | | |
| 16th | Motor Vehicles (Compulsory Insurance)(Information Centre and Compensation Body) Regulations 2003 (S.I. 2003/37)
| Regulation 2(1); defective drafting
| Regulation 2(1) will be amended at the earliest opportunity. The amendment to regulation 2(1) requires the revocation of an otiose definition. [2004]
The Department is still awaiting a suitable opportunity to make the amendment. [2005]
An amending instrument is expected to be made and laid later this year. [2006]
The Department proposes that an instrument removing the otiose definition be made during 2007. [2007]
| Amending instrument was made on 17 October 2007 and laid before Parliament on 19 October 2007: the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) (Amendment) Regulations 2007 (S.I. 2007/2982).
|
2004
| |
| |
|
| 2003-04 |
| | | |
| 13th | Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004 (S.I. 2004/242)
| Regulation 6(1)(d) and (e) and regulation 6(4): defective drafting
| No action necessary. These Regulations contained transitional provisions which were necessary for the commencement of provisions of the Private Hire Vehicles (London) Act 1998 being brought into force on 8th March 2004. No suitable opportunity for amendment has arisen since then, and the Regulations are now spent save for the resolution of outstanding cases involving temporary permits. It is anticipated that those outstanding cases will be resolved in the next 2 or 3 months through correspondence with the permit holders, without requiring amending legislation. For current licensing purposes the relevant provisions of the 1998 Act now apply. [2005]
No action necessary. At the end of March 2005 there were 3,115 temporary permits issued under these Regulations which had not yet ceased to have effect; there are now only 17. The outstanding 17 temporary permits were issued with respect to motorcycles and there are issues surrounding the licensing standards for motorcycles that Transport for London must resolve before such vehicles can be fully licensed under the 1998 Act. Save for the resolution of the 17 special cases that remain, these Regulations are now spent. [2006]
On further reflection, the Department has decided to revoke these Regulations and is putting in hand the preparation of an instrument to this effect; the instrument is likely to be made before the end of 2007. [2007]
| Amending instrument was made on 6 December 2007 and laid before Parliament on 10 December 2007: the Private Hire Vehicles (London) (Transitional Provisions) (Amendment) Regulations 2007 (S.I. 2007/3453).
|
| 13th
| Merchant Shipping (High Speed Craft) Regulations 2004 (S.I. 2004/302)
| Regulation 10(3): defective drafting
| Awaiting opportunity to amend. The JCSI considered that the defence in regulation 10(3) should only apply to offences under regulation 10(1) and not to offences under regulation 9. The Department proposes to amend regulation 10(3) at the next suitable opportunity to disapply regulation 9(1) and (2). However, the Department has concluded that the defence in regulation 10(3) could have practical application in situations caught by regulation 9(3) - for example, where it was reasonable in the circumstances intentionally to obstruct equipment. It does not therefore propose to disapply this regulation. [2005]
Awaiting opportunity to amend regulation 10(3) at the next suitable opportunity to disapply regulation 9(1) and (2). [2006]
The Department plans to replace these Regulations in 2008 to give effect to new international provisions about high speed craft. The Department will ensure that the Committee's concerns are addressed in the new Regulations, so far as the same issue arises. [2007]
| Still awaiting opportunity to amend. The general revision of the Merchant Shipping (High Speed Craft) Regulations 2004 is taking longer than expected. However the Department is now exploring the possibility of making some amendments of detail to those Regulations before the general revision takes place. If any such detailed amendments proceed, the amendments required by the JCSI will be included in the amending instrument.
|
2005
| |
| |
|
| 2004-05 |
| | | |
| 10th | Transport for London (Consequential Provisions) Order 2005 (S.I. 2005/56)
| Schedule 1: defective drafting
| Preparation of an amending instrument will be put in hand; instrument likely to be made in 2006. [2006]
The Department proposes that an instrument to make the missed consequential amendment be made in 2007. [2007]
| Amending instrument was made on 9 October 2007 and laid before Parliament on 11 October 2007: the Transport for London (Consequential Provisions) Order 2007 (S.I. 2007/2935).
|
| 2006
| |
| |
|
| 2005-06 |
| | | |
| 37th
| Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (S.I. 2006/2183)
| Regulation 6(1):defective drafting
| Awaiting opportunity to amend. Preparation of an amending instrument is in hand; the instrument is likely to be made before the end of 2007. [2007]
| Preparation of the amending instrument was delayed due to limited staff resources and the need to establish whether an impact assessment was required. However, a 12 week consultation on the draft began in March and the Department anticipates the instrument being made in late June or early July 2008.
|
