Total number of instruments outstanding from: 2001:
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
|
| 2001
|
| 2001-02 |
| | | |
| 3rd | Biocidal Products Regulations 2001 (S.I. 2001/880)
| Regulation 25(6): defective drafting
| In relation to regulation 25(6) of the Regulations there is ongoing correspondence- last letter HSE to JCSI dated 5/12/2006. [2007]
| There has been an exchange of correspondence between the HSE and the Committee. The Committee has accepted that the guidance issued in November 2006 goes a good way towards meeting its original concerns, "in practice if not conceptually".
|
| 2002; 2003; 2004 - NIL
|
| 2005
|
| 2005-06 |
| | | |
| 4th | Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082)
| Defective drafting:
(a) Regulation 2(1)
(b) Regulation 9(2)
| (a) and (b) Awaiting opportunity to amend. The opportunity to amend is likely to be later this year or in 2007. [2006]
The amending provisions have been drafted and it is intended that the instrument to make the amendments will be made by 6th April 2008. [2007]
| The necessary amendments were made by regulation 2(2)(b) and (3) of the Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007 (S.I. 2007/2598). These were made on 5th September 2007, laid before Parliament on 10th September 2007 and came into force on 1st October 2007.
|
| 13th
| Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061)
| Regulation 5: unexpected use of enabling power.
| No remedial action required. As it said in paragraph 9 of its Memorandum to the JCSI, the Department will be amending the Regulations in the light of the judgment in Francis given on 10 November 2005 (after the Regulations had been made and laid before Parliament). The Department is considering what changes to make to the Regulations given the various circumstances in which residence orders are granted and associated policy considerations. In the meantime, guidance has been given to Decision Makers on how to deal with claims from people in the same circumstances as Ms Francis (paragraph 6 of the memorandum to the JCSI). [2006]
In view of the Francis judgment the Regulations are being amended. The reformulation of the Regulations needs careful consideration because of the various circumstances in which, and different periods for which, residence orders are granted. The Regulations need to be worded to avoid double payments which could occur in some cases. We expect to be able to make the amending Regulations by the summer. In the meantime guidance has been given to Decision Makers on how to deal with claims from people in the same circumstances as Ms Francis. [2007]
| Amendment of the Regulations has been postponed because of challenges and amendments to primary legislation which could have resulted in further amendments to the same provision. The challenges were not proceeded with or were unsuccessful. Policy in relation to a Bill going through Parliament is still under consideration but recent decisions have been made so the amendment of the Regulations will now proceed. Further amendments are expected next year as a result of other amendments to primary legislation.
|
| 2006 - NIL
| |
| |
|
