Memorandum by the Ministry of Agriculture, Fisheries
REGULATIONS 1997 (S.I. 1997/2500)
The Joint Committee considered the above instrument at its
meeting on 2 December and has requested a memorandum on the following
(1) This instrument was made on 13 October 1997 but
was not laid until 13 November 1997. Explain the reason for this
The delay arose from a desire, on the part of the Ministry,
to lay final, printed copies before Parliament. The Ministry allowed
a generous period for making, proof-reading and printing the SI
to ensure this was achieved.
(2) To assist the reader, and having regard to the
complexity of the principal Regulations (as amended), does the
Department expect to consolidate the Regulations in the near future?
The instrument was the fourth amendment to the principal
Regulations. It was not considered that the principal Regulations
(as amended) had become so complex that they could not readily
be understood. Consolidation is, however, considered every time
an amending instrument falls to be made, in the light of the number
and complexity of the amending instruments and the time available
for producing a consolidated text. The next time the principal
Regulations fall to be amended, they are likely to be consolidated.
(3) Explain why the name of the first signatory is
not printed in italics.
The Ministry regrets this oversight by the printer.
The proof-copy is sent to the printer with the signature details
(4) Elaborate upon the explanation provided in paragraph
4 of the Explanatory Note.
Paragraph 4 of the Explanatory Note was intended to
give a succinct but clear analysis of the Community instruments
referred to therein. By virtue of Article 4(5) of Commission Regulation
(EEC) No. 3887/92 (OJ No. L391, 31.12.92. p.36) sheep farmers
who are applying for sheep annual premium only need not submit
an area aid application, otherwise known as an "IACS declaration".
Certain sheep farmers whose land is in the uplands and who are
known as "producers in less-favoured areas" are entitled
to an automatic supplement to their sheep annual premium payments.
New Article 1a(3) of Commission Regulation (EEC) No. 2700/93 (OJ
No. L245, 1.10.93, p.99), inserted by Article 1 of Commission
Regulation (EC) No. 1526/96 (OJ No. L190, 31.7.96, p.21), enabled
the Ministry to oblige those sheep producers who are applying
for sheep annual premium only and who are in principle not obliged
to submit IACS declarations to prove they are producers in less-favoured
areas by submitting IACS declarations. The references to the directly
applicable Community instruments which are specified in paragraph
4 of the Explanatory Note indicated where any further elucidation
that was desired as to the effect of new Article 1a(3) of Commission
Regulation (EEC) No. 2700/93 might be found. In making those references,
the draftsman had in mind paragraph 2.79 of "Statutory Instrument
Practice" (2nd Edition).
(5) The Committee notes the blank space appearing
after the names of the signatories at page 2. Explain why the
printer was not instructed to print the Explanatory Note in that
space in order to reduce the cost of the instrument.
If the Committee is critical of the lay-out of the instrument,
the Ministry regrets this; but on this particular occasion, the
matter was left to the judgment of the printer.
8th December 1997