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Joint Committee on Statutory Instruments Second Special Report


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
17thControl 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.
17thPlant 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.



 
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