Select Committee on Deregulation Fourth Report

Appendix 2

Further letter from the Office for National Statistics (dated 26 April 2001).

The Deregulation (Correction of Birth and Death Entries in Registers or Other Records) Order 2001

I refer to your telephone request for further clarification on the appropriateness of the use of the powers under section 1 (1) (a) of the Deregulation and Contracting Out Act 1994 (the Act) in respect of the above Order. More specifically you asked whether section 1 (1) (a) of the Act applied in seeking to remove a burden from an individual acting in a private capacity.

The advice we have received from Cabinet Office lawyers supports the view that section 1 (1) (a) of the Act does extend to such a case. This advice is based on two factors:

1.  The debate on the relevant provisions during the Bill stage of the Act clearly indicate that it was the intention of Parliament that orders should be capable of removing burdens affecting individuals in their private capacity - (Standing Committee F, 17 February 1994, cols. 62 and 63 refer).

2.  Section 5(2) of the Act states that "no order shall be made under this section in any case where the sole of main effect which the restriction, requirement of condition may be expected to have on each person on whom it is imposed is an effect on him in his personal capacity and not as a person carrying on a trade, business or profession". This specific limitation on section 5 implies that, conversely, an order under section 1 extends to the removal of a burden from an individual acting in a personal capacity.

I trust that this helps to clarify the point raised. I am copying this letter to the Regulatory Impact Unit and DH solicitors.

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