Joint Committee on Statutory Instruments Forty-First Report


Memorandum by the Department of the Environment, Transport and the Regions


ORDER 1998 (S.I. 1998/1445)

1. The Committee have asked the Department to submit a memorandum on the following point:

  Paragraph 1(5) of Schedule 6 to the Channel Tunnel Rail Link Act 1996 requires the Secretary of State, before making an order under paragraph 1(4), to consult the nominated undertaker and (unless the authority concerned has requested him to make the order) the authority. Explain whether the required consultations were undertaken and, if so, why this is not mentioned in the recital of powers (see paragraph 2.26 of the Statutory Instrument Practice).

2. The Order was made at the request of the authority concerned and the nominated undertaker was consulted before the Order was made. The Department acknowledges that the consultation of the nominated undertaker was not mentioned in the recital of powers, and regrets the omission.

6th July 1998

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