Joint Committee on Statutory Instruments First Report


First Memorandum by the Ministry of Defence


  The purpose of this memorandum is to inform the Joint Committee why the above statutory instrument is being brought into force less than twenty-one days after it was laid.

  The Dockyard Services Act 1986 ("the Act") made provision in connection with the provision by contractors of certain dockyard services. The Dockyard Services (Rosyth) (Designation and Appointed Day) Order 1986 designated Rosyth Royal Dockyard and the dockyard services provided therein for the purposes of section 1(1) of the Act. A contractor has been providing services at the Dockyard under contract with the Ministry of Defence since 6 April 1997.

  The Secretary of State for Defence has disposed of the Rosyth Royal Dockyard by sale and at that point the contractorisation of the services provided for under the Act will end. It is therefore necessary to revoke the Dockyard Services (Rosyth) (Designation and Appointed Day) Order 1986.

  The power to make an Order under section 1(1) of the Act is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

  The Order could not be made until the date of completion of the sale of the Dockyard was settled, that being also the date upon which the present arrangements with contractors ceases. It is desirable that the revocation of the designation should take place as soon as possible after the sale because under section 3 of the Act, certain consequences flow from it which should not apply to the privatised dockyards.

Second Memorandum by the Ministry of Defence


  The Committee asked for a memorandum about the laying of this Order.

  The Order was laid on 24 February and not 21 February as shown on the published version. We have arranged for an erratum slip to be published.

  It was originally planned to lay the Order on 21 February but because of unforeseen circumstances this was delayed until 24 February. The Memorandum to the Committee submitted with the Instrument set out the reasons for the urgency of the Instrument which came into force on 24 February.

  We deeply regret that due to an administrative oversight the resulting requirement to send immediately a notification to the Lord Chancellor and the Speaker of the House of Commons was missed.

  A notification was sent on 17 March.

18th March 1997

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