Joint Committee on Statutory Instruments Thirty-Seventh Report


Memorandum by the Lord Chancellor's Department


The Committee considered the above instrument at its meeting on 2nd June 1998 following which the Commons Clerk to the Committee requested the Department to respond to the following point.

Regulation 5(6) states —

'Regulation 15 deals with circumstances in which contributions will be refunded to members who are not transferring members, and regulation 16 makes provision for a former holder of the office of the Lord Chancellor'.

Explain what (if any) legal effect this has and, if it is merely explanatory, why it is included in the Regulations (as distinct from the Explanatory Note).

The Department accepts that regulation 5(6) is explanatory and does not have legal effect. The Department considered it inappropriate to deal with paragraph (6) in isolation in the explanatory note and thought it more helpful to the reader to explain the scheme of the regulations immediately before the operative regulations themselves.

5th June 1998

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