Table 18A-
Northern Ireland Office: instruments outstanding from 2006 and
earlier
Total number of instruments outstanding from: 1997:
2 (of which action on 0 remained outstanding on 1 April 2008)
2001: 1 (of which action on 1 remained outstanding
on 1 April 2008)
2004: 1 (of which action on 1 remained outstanding
on 1 April 2008)
2006: 1 (of which action on 1 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
|
| 1997
|
| 1997-98 |
| | | |
| 17th | Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 (S.R. 1997/469)
| Schedule 3, para 1(1), 7 and 8: defective drafting
| Date for amending instrument not known. [1998]
Date for amending instrument not yet known (these regulations follow the model of earlier regulations for England and Wales. [1999]
Amending regulations for NI will follow as soon as practicable after the making of regulations for England and Wales, currently planned for Autumn 2000. [2000]
Still awaiting England and Wales Regulations [2001/2/3]
Amending regulations for Northern Ireland will be made as soon as possible after the making of regulations for England and Wales. Still awaiting England and Wales Regulations [2004]
Still awaiting England and Wales Regulations. [2005]
Amending regulations will be made which include corrections to the defects identified as soon as possible following the making of parallel regulations for England and Wales. [2006]
Previous returns have referred to the fact that the Northern Ireland Regulations follow the pattern of those for England and Wales. Drafting is now underway on a set of Regulations intended for 2008 which among other things will address the defects identified by the Committee. (It seems likely that the Northern Ireland instrument will be laid before the Northern Ireland Assembly). [2007]
| Following restoration of the Northern Ireland Assembly, the Northern Ireland Office is no longer responsible for these Regulations.
|
| 17th | Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997 (S.R. 1997/470)
| Schedule 3, para 1(1), 7 and 8: defective drafting
| Date for amending instrument not known. [1998]
Date for amending instrument not yet known (these regulations follow the model of earlier regulations for England and Wales. [1999]
Amending regulations for NI will follow as soon as practicable after the making of regulations for England and Wales, currently planned for Autumn 2000. [2000]
Still awaiting England and Wales Regulations [2001/2/3]
Amending regulations for Northern Ireland will be made as soon as possible after the making of regulations for England and Wales. Still awaiting England and Wales Regulations [2004]
Still awaiting England and Wales Regulations. [2005]
Amending regulations will be made which include corrections to the defects identified as soon as possible following the making of parallel regulations for England and Wales. [2006]
These will be revoked and replaced by the draft Regulations referred to in the observations relating to S.R. 1997/469. These Regulations are being prepared in parallel with the England and Wales Pesticide Regulations, intended for 2008. [2007]
| Following restoration of the Northern Ireland Assembly, the Northern Ireland Office is no longer responsible for these Regulations.
|
| 1998; 1999; 2000 - NIL
|
| 2001
|
| 2001-02 |
| | | |
| 11th
| Police Trainee Regulations (Northern Ireland) 2001 (S.R. 2001/369)
| Regulation 10(5): Failure to comply with proper drafting practice
Regulations 10(5), 10(8), 14(1), 14(4), 14(7) and 25(1)(b): defective drafting
| Awaiting opportunity to amend. In the next session or as soon thereafter as practicable [2002, 2003]
NIO hope to bring forward amending regulations before the end of the year. [2004]
Awaiting opportunity to amend. NIO intends to make the Police Service of Northern Ireland (Conduct etc.) (Amendment) Regulations 2004 later this year. [2005]
Awaiting opportunity to amend. [2006, 2007]
It is intended to correct these drafting defects as part of a wider package of amendments needed. The instrument is planned for September 2007, to coincide with the next recruitment phase for new trainees. [2007]
| Awaiting amendment, though
draft Police Trainee Amendment Regulations (Northern Ireland) 2008 at advanced stage, and commencement of laying process is imminent with expected commencement date in June 2008
|
| 2002, 2003 - NIL
|
| 2004
|
| 2003-04 |
| | | |
| 8th
| Police Service of Northern Ireland Reserve (Part-Time) Regulations 2004 (S.R. 2004/03)
| Regulation 17(2): defective drafting
Regulation 6(1): does not accord with proper drafting practice
| Awaiting opportunity to amend. [2005, 2006, 2007]
Work is in progress to address the Committee's comments, and it is planned that the necessary amending regulations will be issued by the end of 2007. [2007]
| Awaiting opportunity to amend. Amendment Regulations are
expected to be laid by summer 2008.
|
| 2005 - NIL
| |
| |
|
| 2006
| |
| |
|
| 2006-07 |
| | | |
| 3rd
| Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425)
| (a) Regulation 11(5)(b): defective drafting
(b) Unexpected exercise of enabling power
| Awaiting opportunity to amend. It is intended to address the reported defects at the earliest opportunity, and work is already underway in relation to the relevant policy. There will then need to be a consultation exercise, and with this timing in view, it is the intention to make the amending Regulations later this year. [2007]
| Awaiting opportunity to amend. Amending Regulations for Northern Ireland will follow as soon as practicable after the making of similar Regulations in Great Britain.(These are intended for October 2008, and were not known of at the time of the last return.) The amendments will address the concerns raised by JCSI.
|
|