APPENDIX 1
Letter from the Clerk of the Committee to the
Department for Work and Pensions
PROPOSAL FOR THE REGULATORY REFORM (VACCINE DAMAGE
PAYMENTS ACT 1979) ORDER 2002
The Deregulation and Regulatory Reform Committee
considered the above proposal for the first time at its meeting
earlier today. I have been instructed to ask for the following
further information.
Firstly, the explanatory statement which accompanied
the proposal did not explain, as it is required to do under s6(2)(g)
of the Regulatory Reform Act, why the provisions of the Order
relating to 'transitional claims' are being designated as subordinate
provisions. The Committee would be grateful for an explanation
of why they are being so designated.
Secondly, it would greatly assist the Committee in
its consideration of the proposed Order if you were able to list
those diseases vaccinations against which fall within the scope
of the Vaccine Damage Payments Scheme; and if you would explain
the circumstances in which a disease would be considered for addition
to the list.
Finally, the Committee's legal advisers have scrutinised
the proposed Order, and have made some suggestions for improvements
to the drafting. It seems appropriate to add references in paragraphs
(e) and (f) of the recital to the reports of the Parliamentary
committees. More substantially, the expression "six years
from the date of the vaccination" seems to create uncertainty
as to whether the date of the vaccination is included or excluded
in calculating that period. The Explanatory Note uses the word
"after", which suggests that the date of the vaccination
is intended to be excluded. We note that the Act currently avoids
this uncertainty and suggest that the order is revised to avoid
it.
22 January 2002
| 
