Memorandum by the Department
of the Environment, Transport and the Regions
1988 (DEFINED ACTIVITIES)
2) ORDER 1998
1. By a letter from its Clerk
dated 1 April 1998 the Committee has requested a memorandum on
the following point on this Order, on which the Department would
comment as follows:
Article 3(1) revokes
all directions given by the Secretary of State,
under sections 14(2) and (3) of the 1988 Act, to the Metropolitan
Borough of Solihull and the scheduled authorities, as a consequence
of the exemptions created by article 2 in respect of the activities
mentioned in article 2(2) and the Schedule ("specified activities").
Indicate whether or not the revoked directions (which will have
contained prohibitions and restrictions no longer called for in
the light of the new exemptions) related solely to specified activities;
and if not, why the revocations effected by article 3(1) were
not limited accordingly.
2. The Department's intention
was that directions revoked by article 3(1) should indeed relate
solely to specified activities. When the Order was drafted, it
was believed that the only directions given to the relevant authorities
under section 14(2) and (3) did so relate. However in looking
at the matter again in the light of the Committee's question the
Department has ascertained that there is one direction falling
within article 3(1) which does not relate solely to specified
activities. The Department accordingly accepts that the revocations
in article 3 should have been limited as the Committee suggests.
The Department apologises for this oversight and is considering
how it can best be remedied.
7th April 1998