Joint Committee on Statutory Instruments Thirty-Second Report


Memorandum by the Department of Health

REGULATIONS 1998 (S.I. 1998/682)

The Joint Committee has requested a memorandum on the following point—

    Regulation 2 indicates (as does the Explanatory Note) that the amendments in Part II are the result of the coming into force of certain provisions of the 1997 Act and certain regulations made thereunder. Explain whether or not this provision has any legislative effect and if not, why it appears in the instrument itself.

1.  The provision in question was inserted in an attempt to help the reader to understand why the provisions to which it refers had been made. In the Department's view it has legislative effect in that it is part of the law, but only in the sense that the provision itself is merely declaratory.

2.  The Department would respectfully point to provisions in primary legislation such as, for example—

    section 19(1) of the Firearms (Amendment) Act 1997 (c.5), which states the purpose of Part II of that Act;

    section 180(1) of the Copyright, Designs and Patents Act 1988 (c.48), which introduces Part II of that Act by stating that it confers rights on certain persons and creates certain offences, referring in each case to later sections; and

    section 1 of the Legal Aid Act 1988 (c.34) which states the purpose of the Act.

  Such provisions appear to the Department to fulfill a similar function to the provision about which the Committee has requested a memorandum.

23rd April 1998

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