Joint Committee on Statutory Instruments Forty-Seventh Report


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


The Committee asked the Department to submit a Memorandum on the following points:—

    (1)  Regulation 15(1) requires a notice given by the Secretary of State under the regulations listed in paragraph (2) to specify the reasons for his decision, the right to request a review and the time limit for making such a request. Explain why regulation 9(9), which requires the Secretary of State to give notice of his decision where he refuses to exercise his powers under paragraph (7) or (8) of regulation 9, is not mentioned in regulation 15(2).

This was an oversight and the Department is grateful to the Committee for drawing the omission to its attention.

    (2)  Ought not the references in regulation 15(2)(d) to regulation "11(10) or (11)" to have read "11(11) or (12)"?

The Committee is right and the Department regrets the error.

The Department proposes to make appropriate amendments to the Regulations to correct these errors at the earliest appropriate opportunity.

3rd November 1998

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