Joint Committee on Statutory Instruments First Report


Memorandum by the Department of the Environment, Transport

and the Regions



1.  By a letter from its clerk dated 11 November 1998 the Committee has requested a memorandum on two points, the first of which is:

  (1)  In regulation 3(4) ought not the reference to paragraph (5)(b) to be a reference to paragraph (3)(b)?

2.  The reference should indeed be to paragraph (3)(b). The error is regretted. If it becomes necessary to amend the Regulations in some other respect, the opportunity will be taken to correct this error. It is considered that in the circumstances the expense of an instrument purely for this correction would not be justified: the reader should not be misled because the only reference to "a person having control" (other than in paragraph (4)) is in paragraph (3)(b); and there is no paragraph (5)(b).

3.  The second question of the Committee is:

  (2)  Regulation 11(2)(a)(i) and (ii) assumes that regulation 9(1), which applies to "lifting equipment", also applies to an "accessory for lifting", even though the latter expression is not mentioned in regulation 9(1). Please explain the basis of this assumption, given the definitions of the two expressions in regulation 2(1) and the fact that regulation 9(3) refers separately to both lifting equipment and an accessory for lifting.

4.  Regulation 9(1) applies to an "accessory for lifting" because it applies to "lifting equipment" and an accessory for lifting is a form of lifting equipment.

5.  Paragraph (3) of regulation 9 provides that "lifting equipment" be thoroughly examined. Sub-paragraph (a)(i) and (ii) of paragraph (3) contains different provision for the different cases. It is a necessary inference that anything identified in these sub-paragraphs, including an "accessory for lifting", is a kind of lifting equipment.

6.  Such reference is not contradicted by the reference in sub-paragraph (a)(i) to "lifting equipment" because the full reference is only to a kind of lifting equipment, namely lifting equipment for lifting persons; other lifting equipment is dealt with in sub-paragraph (ii).

7.  In regulation 2(1) "accessory for lifting" is defined as "work equipment for attaching loads to machinery for lifting"; and "lifting equipment" is defined as "work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it".

8.  Neither definition makes explicit that an accessory for lifting is a form of lifting equipment. But they do not contradict that necessary inference referred to in paragraph 5 that an "accessory for lifting" is a kind of "lifting equipment".

16th November 1998

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