Joint Committee on Statutory Instruments Fifth Report


Memorandum by the Scottish Office


  1. This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 18 June 1997 in which they ask for an explanation of the following points arising in connection with the above Statutory Instrument.

  2. Inquiry is made as to why regulation 6 does not require the Appellant to give a copy of his statement of grounds of appeal to the administration, along with his note of appeal and his documentary evidence.

  3. It is accepted that for completeness, it would be better that the Administration was also served with a statement of the grounds of appeal. In practice, if the grounds of appeal had not been made available to the Administration or were not known to the Administration, the Secretary of State would give a copy to the Administration. However, we would propose to make this a formal requirement at the first opportunity to amend these Regulations.

  4. Inquiry is made as to "the steps specified" in regulation 10(1) and how paragraphs (2) and (3) of regulation 12 require the Secretary of State to make a decision on the Appeal.

  5. There is a drafting error in these Regulations. Paragraphs (2) and (3) of regulation 12 should not have the words "of that regulation" after the paragraph reference. This would mean that the steps referred to are the decision making and the notification to the Appellant and the Administration referred to in regulation 12(1).

  6. The timetable provisions in regulation 12 were designed to implement the policy intention of the Secretary of State in relation to the disposal of appeals. It is proposed to rectify the drafting error at the next available opportunity; but in the meantime, the Secretary of State would abide by his policy intention in relation to the timetable for the disposal of appeals.

20th June 1997

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