some default text...
Joint Committee on Statutory Instruments Twelfth Report


Memorandum by the Department of the Environment, Transport and the Regions


  1. The Committee, by a letter from its clerk dated 29 October, has requested a memorandum on the following point:

    "By article 3(1) and Schedule 1 Part III a rent officer must give notice to the local authority of his determination of a reference rent within `the relevant period' which, in a case where he requires further information, is not to begin until he receives the information. Article 5 enables the rent officer to ask the authority for further information and then disapplies, until he receives it, the provisions imposing on him a duty to make and give notice of this determination. Explain why the second limb of article 5 is necessary. (See the Committee's 4th Report of 1997-98 on the corresponding Regulations in S.I. 1997/778)."

  2. We agree that the second limb of article 5 may not be strictly necessary in view of the definition of relevant period, but we consider that it helps users of the legislation. It makes the effect of the non-supply of information evident in the body of the Order, whereas the definition of relevant period is found in Part III of Schedule 1 and is in the context of the time limit within which a rent officer must give notice of a determination to a local authority.

  3. The position in S.I. 1997/778 is different, as there the obligation is to give written advice only, whereas in this Order there is an express obligation to make a determination and an express obligation to give notice of the determination.

4th November 1997

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1997
Prepared 19 December 1997