Joint Committee on Statutory Instruments Thirteenth Report


Memorandum by the Department of Trade and Industry


EFFECTS) REGULATIONS 1999 (S.I. 1999/360)

  1.  By a letter from its Clerk dated 3rd March 1999 the Committee has requested the Department to submit a memorandum on the following points:

    1.  Regulation 12(2)(a) refers to a notice served by the Secretary of State pursuant to "paragraph 11(3)". Verify this reference.

    2.  Regulation 16 empowers the court to make an order -

(a)  quashing the grant of consent (in respect of a relevant project in relation to which an environmental statement was required to be submitted by virtue of regulation 4(1) where it is satisfied that the consent was granted in contravention of regulation 5(2)(b) [paragraph (1)]


(b)  quashing an approval or the imposition of a relevant requirement where it is satisfied that the approval or the imposition of the requirement was in contravention of regulation 9(5) [paragraph (2)]

    Verify the references to regulations 4(1), 5(2)(b) and 9(5). Ought the references to have been to regulations 5(1), 5(4)(b) and 11(6)?


  2.  As to the first point, the words "paragraph 11(3)" should have been "regulation 11(4)".

  3.  As to the second point the Department acknowledges that the references in regulation 16 should have been as the Committee suggests.

  4.  The Department regrets these erroneous cross-references and undertakes to correct them at the earliest opportunity.

3rd March 1999

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