Joint Committee on Statutory Instruments Fifteenth Report


Joint Memorandum by the Department of Health and the Scottish Office Department of Health


  1. The Committee considered the above instrument on 25 November and has requested a memorandum on the following point:

    Explain why the instrument has been numbered when regulation 3 of the Statutory Instruments Regulations 1947 postpones the numbering of such an instrument until both Houses have given approval; and what action the Department intends to take with regard to the numbering.

  2. In this case, that is, where the instrument is to be made before being approved, the provisions of regulation 3 of the Statutory Instruments Regulations 1947 would appear to allow for numbering either immediately after the instrument is made or after it has received approval as the use of the word "may" in the proviso in the regulation seems to permit either practice.

  3. The Departments made enquiries with the Statutory Publications Office as to the numbering practice they should follow, and they acted in accordance with what they were told. The Departments regret that, as it subsequently transpired, the instrument was numbered contrary to what the practice is in these cases, and they note for the future the practice to be followed.

  4. The Departments believe that it will be possible for the instrument to retain the number which it has already been given.

28th November 1997

previous page contents

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

© Parliamentary copyright 1998
Prepared 12 January 1998