The Recreational Craft (Amendment) Regulations 2004

This instrument has been made to correct errors in S.I. 2004/1464 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2004 No. 3201

CONSUMER PROTECTION

The Recreational Craft (Amendment) Regulations 2004

Made

3rd December 2004

Laid before Parliament

7th December 2004

Coming into force

1st January 2005

The Secretary of State, being a Minister designated (1) for the purposes of section 2(2) of the European Communities Act 1972 (2) in relation to measures relating to craft intended for recreational purposes, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Recreational Craft (Amendment) Regulations 2004 and shall come into force on 1st January 2005.

Amendment of the Recreational Craft Regulations 2004

2.  The Recreational Craft Regulations 2004 (3) are hereby amended as follows:—

(a)in regulation 2(1), in the definition of “component”, by the addition of the words “or personal watercraft” at the end of the definition;

(b)in regulation 10(7)(c), by the substitution of “ XI, and XII” by “ XI, XII, and XVI” and by the substitution of “11 and 12” by “11, 12 and 15”;

(c)in paragraph 2 of Schedule 1C, by the substitution of “Annex 1.A” and “Annex 1.B.4” respectively by “Annex I.A” and “Annex I.B.4” and, in paragraph A.(b) of Schedule 6, by the substitution of “(Annex 1A)” by “(Annex IA)”; and

(d)in paragraph 1(a) of Schedule 17, by the omission of the reference to section 38.

Amendment of the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

3.  Schedule 1 to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 (4) is hereby amended as follows:—

(a)after the words “Recreational Craft Regulations 1996”, by the addition of the words “insofar as not revoked by the Recreational Craft Regulations 2004 (5)”; and

(b)at the end, by the addition of the following entry:—

  • “Recreational Craft Regulations 2004”.

Sainsbury of Turville,

Parliamentary Under Secretary of State for Science and Technology,

Department of Trade and Industry

3rd December 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct errors in the Recreational Craft Regulations 2004 (S.I. 2004/1464) by way of :—

(a)further elucidation of the definition of “component” with the addition of a reference to installation in personal watercraft as well as recreational craft (regulation 2(a));

(b)the insertion, in regulation 10(7)(c), of a reference to Annex XV1 of Directive 94/25/EC of the European Parliament and of the Council (OJ No. L164, 30.6.94, p.15) as amended by Directive 2003/44/EC of the European Parliament and of the Council, (OJ No. L214, 26.8.2003, p.18) and the consequential insertion of a reference to Schedule 15 (regulation 2(b));

(c)the correction of some references which should have been to Annex I (regulation 2(c)); and

(d)the removal of the reference to section 38 of the Consumer Protection Act 1987 which was repealed by the Enterprise Act 2002 (regulation 2(d)).

These Regulations also make consequential amendments to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 (S.I.2004/693), by including the Recreational Craft Regulations 2004 amongst the subordinate legislation which has been specified for the purposes of Part 9 of the Enterprise Act 2002, relating to disclosure of information; and by maintaining the specification, for the purposes of Part 9 of that Act, of the Recreational Craft Regulations 1996 insofar as they have not been revoked by the Recreational Craft Regulations 2004 (regulation 3).

In view of the nature of these amendments, no further Regulatory Impact Assessment or Transposition Note has been prepared.

(1)

S.I. 1995/2983.

(3)

S.I. 2004/1464.

(4)

S.I. 2004/693.

(5)

S.I. 2004/1464.